Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions. You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?
In a previous case comment, I wrote about how an employer's declining financial health can reduce a court's assessment of the reasonable notice period that an employee may be entitled to in a wrongful dismissal case. By contrast, in a recent case, Zoldowski v. Strongco Corporation, 2015 ONSC 5485, the Ontario Superior Court of Justice considered … Continue reading Weak Economy? You Could Be Entitled to More Pay in Lieu of Notice
The Supreme Court of Canada's decision in Honda Canada Inc. v. Keays, 2008 SCC 39, underscored the importance of employment lawyers being well-versed in personal injury or tort litigation. In this decision (at paragraph 59), the court clarified that moral damages arising from the manner of dismissal can include damages for mental distress, damages that generally flow … Continue reading Income Damages Awards – What is the Difference?
“I can’t wait for the day when I reach the Magic Number!” This thought often runs through the minds of employees with 20 or more years of service, and fortunate enough to be vested in a pension. With each passing year, these employees give more and more thought to the sum of their age plus … Continue reading “What about my pension?!” – Termination When Retirement is in Sight
One of the realities of running a business is that sometimes an employee's role has to change in order to ensure the efficient operation and, in some cases, the survival of that business. Unfortunately, despite an employer's well-meaning intentions, this kind of business decision can result in liability for constructive dismissal. This was the situation … Continue reading Farwell v. Citair, Inc.: Constructive Dismissal by Demotion
Gahagan v. James Campbell Inc. 2014 HRTO 14 (CanLII) is a decision of the Human Rights Tribunal of Ontario that illustrates the interaction between the employer's inability to accommodate an employee's disability and frustration of the employment agreement. Facts of the Case The applicant, Ms. Gahagan, injured her back in May 2009 while working for … Continue reading Gahagan v. James Campbell Inc.: The Interplay Between Frustration and Accommodation
One of the most useful tools in a litigator's toolkit is the summary judgment motion. For the benefit of non-lawyers reading this, a motion for summary judgment provides an opportunity to bring a case to a conclusion without the need for a trial. This kind of motion involves asking the court for an order granting … Continue reading Hryniak v. Mauldin: The Latest Word on Summary Judgment
Tred Carefully : Terminating Employees on Leave. Here is an insightful article by David M. Brown on the challenges that employers face when contemplating a termination of an employee on a disability leave. It is important to remember that a termination in such circumstances does not automatically constitute grounds for discrimination under the Human Rights … Continue reading Tred Carefully : Terminating Employees on Leave
What do these three seemingly disparate subjects have to do with each other? Almost everyone is familiar with chess. It, of course, is a game that involves moving pieces through an opening, a middle and, eventually, an end game, all of which, if executed properly, results in checkmate. Brazilian Jiu Jitsu, on the other hand, … Continue reading Jiu Jitsu, Chess and Employment Law