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News and Discussions on Payroll, HR & Employment Law

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wrongful dismissal litigation

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

It is important for businesses to carefully consider their response to an employee’s wrongful dismissal claim.


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Failure to mitigate reduces damages in Human Rights claim

In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years.


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Motions for judgment in wrongful dismissal − the Court of Appeal’s latest statement

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.


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Loss of benefits under employer-provided pension plans

Much has been written about our aging workforce and the implication for employers of the coming tide of retirements. The premiers and Prime Minister recently met to attempt to deal with those workers who do not have company pension plans by enhancing the benefits available under the Canada Pension plan, unfortunately without success. Clearly, retirement planning and the funding for that retirement are hot issues.


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