Wrongful Dismissal
Enforcing contracts: The importance of careful implementation
In the Ontario Divisional Court decision of Simpson v Global Warranty[1], the issue was the application of a specific termination […]
An Offer They Can’t Refuse – The Dangers of Recruiting High Level Employees
An employer is paying the price for dismissing an employee who was recruited with an attractive job offer. Bruce Rodgers […]
Human Rights claims in the Ontario courts – Now What?
Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto […]
Receipt of Pornographic Material was not Just Cause for Dismissal: Appeal Court
In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order […]
HR Professionals: The Key to Smooth Corporate Acquisitions
Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do […]
Ontario Jury Awards Ex-Employee $1.4 Million for Mistreatment by Former Manager
In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart […]
Terminated Employee who signed Release Still Entitled to Accumulated Sick Leave Benefits
Employers are often concerned about whether terminated employees can claim entitlement to accumulated sick leave credits. This case shows how […]
The Return of Large Punitive Damages Awards in Wrongful Dismissal Cases?
Are large punitive damages awards in wrongful dismissal coming back? Looking at the trial court’s decision in the case of Pate v. […]
Termination For Cause: Another Case of “Employer Beware”
A termination for good business reasons does not always equate to a termination for just cause. In the recent decision of […]
Employee Fails to Mitigate Damages by Turning Down Employer’s Replacement Job Offer
An Ontario Judge has confirmed that an employee’s duty to mitigate may well include taking a job that is offered […]
“Eleventh Hour Claim of Just Cause” Rejected by Court: Witnesses “Tailored” Evidence
An Ontario judge has rejected a just cause defence raised by an employer two and a half years after the […]