This case demonstrates the old idiom – don’t go throwing good money at bad. Here, in the recent case from the Ontario Superior Court, Sinnathamby v The Chesterfield Shop Limited, the Plaintiff, Ms. Sinnathamby, was a fourteen year employee at the defendant Chesterfield Shop. The Plaintiff’s employment was terminated for just cause; the Chesterfield Shop alleged …
Employment Law
It is well known that the losing party to a wrongful dismissal lawsuit must pay a portion of the successful party’s legal costs. What however, are the cost consequences of winning damages for insufficient notice of dismissal, but losing any other allegations made in a wrongful dismissal lawsuit? Must the employer pay less costs to the …
Last week, a potential client called and told me they hadn’t been paid in several months. They were employed by a small start-up that couldn’t now afford to pay its employees. The employer was still operating, and wasn’t bankrupt… yet. I told the caller to call the Ministry of Labour, not an employment lawyer. I …
When is a Resignation a Resignation? A resignation is only enforceable if an employer, who should have doubted an employee’s intention to truly quit her job, examined whether such a consequential decision on the employee’s behalf was truly intended. A good example of this line of reasoning comes from the Ontario Superior Court’s recent decision …