Unjust Dismissal
Unjust DismissalIt is an unjust dismissal if a federally regulated employee is terminated without just causeLearn what you need to know about unjust dismissal.What is an unjust dismissal?Who can make …
Wrongful Dismissal
Wrongful DismissalGenerally, dismissed employees should receive a severance package The laws in Canada usually require employers to provide dismissed employees with an appropriate severance package. However, many employees mistakenly believe …
Mistreatment of Employees at Dismissal Might Come at a Cost
Being let go from your job unexpectedly can be stressful and difficult for any employee. In a recent Ontario Superior Court of Justice case, the court has reinforced that employers …
Unjust Dismissals in Canada
Although many people may use the terms “unjust dismissal” or “wrongful dismissal” interchangeably, each have a separate meaning and are not to be confused. Unjust dismissals in Canada are specific …
Constructive Dismissal vs. Wrongful Dismissal
Employers and employees always enter into an employment agreement with the hope of a long and prosperous working relationship, however, these relationships sometimes come to an end for various reasons. …
Are CERB Payments Deductible From Wrongful Dismissal Damages?
Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”). However, it was unclear whether CERB payments should be reduced …
Yee v Hudson’s Bay Company, 2021 ONSC 387 – Wrongful Dismissal Claim
In a decision handed down by the Superior Court of Justice this week, our own Daniel Lublin and Simone Ostrowski were successful in a wrongful dismissal claim for substantial reasonable …
Dismissed for Just Cause – Should an Employer Offer a Favourable Reference?
When an employee is dismissed for just cause, this means that the dismissal is justified due to misconduct. In such instances, an employee would not be entitled to notice pay, …
Manner of Dismissal Matters: A Case of Sexual Harassment
The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular as will be discussed here, when intersected with human rights issues. In …
Termination Clauses and Constructive Dismissal Claims
When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be for an employee to file constructive dismissal claims. What this …