wrongful dismissal
Wrongful dismissal update: Alleging just cause is a legal minefield
A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.
Frustration of contract can be resolved by summary judgment – Does not require a trial
Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?
Three popular articles this week on HRinfodesk
The three popular articles this week on HRinfodesk deal with rescinding a retirement notice, an employee class action lawsuit against RBC Life Insurance and retaining top talent.
Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost
Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?
Are executives entitled to variable compensation after being terminated?
This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.
Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis
What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?
Labour arbitrator grants interim protection for complainant of workplace sexual harassment
Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.
Aggravated damages are aggravating employers
Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.
Laying of criminal charges after dismissal does not delay limitations period
In Sosnowski v McEwan Petroleum ( 2019 ONSC 1860) Macleod-Beliveau J. had a situation where the following chronology applied:
Calculating severance: What do the courts say?
In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.
Mutual release set aside due to fraudulent misrepresentation
In Markicevic v York University (2018 ONCA 813), the Ontario Court of Appeal upheld the lower court’s decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars.
Are employees entitled to receive damages for variable compensation during the reasonable notice period?
Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.
Can an employee refuse a recall from a temporary layoff?
Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.
If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.
Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.
Wrongful dismissal update: Recent case is a cause for concern
It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.
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Recent comments
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Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
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Court rejects Ministry of Labour’s attempt to assume breach of OHSA in face of strong safety program
First up a strong employer safety program is something that has no oversight or cross reference with workers to confirm it can be a complete... – Oct 28, 7:06 PM
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