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?
People quit or resign from their jobs for a variety of reasons. Some decide to do so after careful consideration of the advantages and disadvantages. For example, some leave their job for another position with a different employer. Others decide to resign on the spur of the moment, and sometimes in the heat of the … Continue reading Can I Change My Mind After I Quit?
Any time an employee is dismissed without cause and chooses to sue the employer for wrongful dismissal, the employee is obligated to attempt to mitigate his damages, or minimize his losses, by looking for similar work. In Michaels v. Red Deer College, the Supreme Court of Canada confirmed that an employee must take reasonable steps to … Continue reading Can I Seek Re-Training and Still Sue for Wrongful Dismissal?
Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?
The dismissal of an employee without cause is never easy. For the employee, it means the loss of his and his family's means of livelihood through no fault of his own (most of the time). For the employer, it can entail a rather uncomfortable termination meeting with a perhaps valuable and even likeable, but nonetheless, redundant … Continue reading The Art of the Notice Period
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?
Compared to the Employment Standards Act, 2000, there is no mathematical formula to determine the reasonable notice period at common law. For the benefit of those readers who are not employment lawyers, there is an important case called Bardal v. The Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.) which explains how a reasonable notice … Continue reading Being Dismissed in the Summer Could Mean a Longer Notice Period
The Ontario Court of Appeal's decision in Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, is an excellent example of the consequences that can follow from failing to handle claims of workplace harassment and abuse carefully. Facts of the Case Meredith Boucher started working for Wal-Mart in 1999. After 9 years, she rose to the position … Continue reading Time to Take Workplace Harassment and Abuse Seriously