When someone is terminated from their job in Canada without cause, and they do not have an enforceable termination clause in their employment contract (or no written employment contract at all), then they are entitled to “reasonable” notice of their termination. What is notice? Notice is how much advanced warning an employer must provide an employee …
Wrongful Dismissal
The cost of an employment lawyer depends on the type of matter and the experience of the lawyer. Minimal risk, commonplace matters like typical wrongful dismissals can be conducted via an accessible contingency fee arrangement, which means the client only pays a fee upon successful completion of the services and this is usually calculated as …
Unfair dismissal is not a legal concept in Ontario or anywhere else in Canada. Simply put, there is no such thing as an ‘unfair dismissal’. Rather, you might have heard of ‘wrongful dismissal’ or ‘unjust dismissal’. These are real concepts of illegal terminations. Wrongful dismissal is when any non-unionized employee is terminated without enough severance. …
Employees who are terminated without cause in Canada are entitled to severance. The amount of severance a terminated employee is entitled to is discussed here. Wrongful dismissal is when an employer terminates an employee without providing them with enough severance. Therefore, a wrongful dismissal case is about getting more severance. When an employee is wrongfully dismissed, they …
Wrongful dismissal does not mean what you think it means. ❌ Wrongful dismissal does not mean that an employee was wrong to fire someone. ✅ Wrongful dismissal means an employee was not provided with enough reasonable notice of their termination when they were fired. In other words, wrongful dismissal is when an employee was not …
There is some misconception about wrongful dismissal in Ontario. Particularly, some individuals believe you to prove you were dismissed unfairly or arbitrability to prove wrongful dismissal. This, however, couldn’t be farther from the truth. All you have to do to prove wrongful dismissal is show you were not provided “reasonable” notice of your dismissal. In …
The duty to mitigate is the rule that individuals who are dismissed from work must look for a new job during their notice period. For example, if someone is dismissed from work and they ought to receive twelve months’ notice, then during that next twelve months, they must look for a new job as per …
Punitive damages are monetary compensation awarded to plaintiffs to deter potential wrongdoers from egregious conduct. Punitive Damages concern the defendant’s conduct, not the plaintiff’s loss. In other words, punitive damages awards are not “compensatory”. Instead, punitive damages are meant to punish the defendant in rare cases where the defendant’s conduct has been “malicious, oppressive and high-handed” …
In order of appearance, from newest to oldest, here are the employment law cases that shaped Ontario and to some extent every jurisdiction in Canada in the 2010s: Amberber v. IBM Canada Ltd., 2018 ONCA 571: Here, the Ontario Court of Appeal provided some clarity on the enforceability of termination clauses especially in regard to …
There is no such thing as ‘at will employment’ in Canada. The concept of ‘at will’ employment simply doesn’t exist here. In Canada, under the common law, absent just cause for dismissal, employees are per se hired for an indefinite term and they are thus entitled to reasonable notice of termination or pay in lieu. …