07 Mar Laws Required to Swat Employers’ Hands from Employees’ Tip Jar
In many workplaces in the service sector, tips are pooled together and, at the end of a shift, divided up among the workers on duty during that shift. It...
Law Articles
20 Feb Mitigation – A Dismissed Employee’s Continuing Obligation
It is a well founded principle in the law of contracts that once a breach occurs, a plaintiff has an obligation to minimize their damages. In bringing an action against...
16 Jan Intentional Under-Employment – Judges Tell Payors “Get a Real Job!”
When will Ontario's courts impute income to a parent for the purpose of calculating his or her child support obligations?...
15 Jan Punitive Damages in Ontario Employment Law – Pate Estate v. Galway-Cavendish and Harvey (Township)
In Whitten v. Pilot Insurance, the Supreme Court of Canada articulated the purpose, appropriateness and range of punitive damage awards in Canada. An award for punitive damages is only appropriate...
08 Jan Supreme Court of Canada Rules on Pension Income and Damages in Wrongful Dismissal
The Supreme Court of Canada's recent ruling in IBM Canada Ltd. v. Waterman provides a great deal of clarity on the issue of collateral benefits such as pensions in a...
11 Dec Dispelling Unjustified Fears – The Record of Employment (ROE)
The end of an employment relationship is rarely a pleasant experience for anyone involved. Particularly for a dismissed employee, heightened emotions and confusion can lead to genuine anxiety and stress. In...
27 Jun Inducement in the Age of Social Networking
With the advent of social networking, traditional means of recruiting and hiring have vastly changed. Today, websites such as LinkedIn provide employers and employees an opportunity to publish their...
18 Oct Ontario Employment Law: Employer’s Reliance on Termination Provisions Limiting Notice In Summary Judgment Motions
n McKinstry v. Stone, decided September 20, 2011, Pollak J. considered the burden of proof upon an employer seeking summary dismissal of an employee's wrongful dismissal claim, where the employer...
18 Oct Ontario Employment Law: Punitive Damages In Wrongful Dismissal Suits
In Pate Estate v. Galway-Cavendish and Harvey (Townships), decided in November 2011 after 10 years of protracted litigation, a wrongfully dismissed building inspector's estate was awarded a whopping $550,000.00 in punitive damages against the municipality that...
18 Oct Ontario Employment Law: Layoffs and Deemed Terminations at Common Law
For the purpose of calculating a wrongfully dismissed employee's entitlement to pay in lieu of reasonable notice in such a circumstance, Pollak J. ruled that the Employment Standards Act deems...
31 Aug Ontario Employment Law: Mitigating Damages By Staying With The Same Employer
Must an employee whose job is being eliminated by its employer accept the same kind of position at a related company with the same pay in mitigation of his losses...
30 Jul Workers’ Compensation Benefits Curtailed for Injured Antiques Aficionado
An October, 2011, decision by the Nova Scotia Workers’ Compensation Appeals Tribunal should signal to those of us who not only collect, but also repair, show or deal in antiques,...
24 Jun Ontario Employment Law: Contractual Entitlement to Notice and the Question of Mitigation
Is an employee, who is terminated without cause, required to mitigate his or her loss when entitled to a fix term of notice or pay in lieu of notice?...
13 Nov Ontario Employment Law: Wrongful Dismissal and Retirement Benefits
In Reinzo v. Washington Mills Electro Minerals Corporations, the Court of Appeal for Ontario answers an important question as concerns an employee's entitlement to benefits during the notice period in...
30 Apr Ontario Employment Law: Long-Term Disability Coverage During the Period of Reasonable Notice
In Brito et al v. Canac Kitchens, decided on February 18, 2011, Mr. Justice Randall Echlin of the Ontario Superior Court addressed the consequences of an employer's failure to provide...
05 Apr Ontario Employment Law: Can A Wrongfully Dismissed Employee Plead Systemic Misbehaviour By The Employer?
The blog post affirms that in Ontario wrongful dismissal cases, employees aren’t restricted to describing only their own experiences; they can also allege patterns or policies of systemic wrongdoing, and...
22 Mar Ontario Employment Law: Just Cause For Dismissal Doesn’t Necessarily Amount to Wilful Misconduct
A finding of just cause for dismissal at common law does not automatically disqualify an employee from entitlement to statutory severance and termination benefits under Ontario's Employment Standards Act, according...
22 Mar Ontario Employment Law: Entitlement To Benefits During the Period of Reasonable Notice
Posted at 11:14h
in Employment Law, Employment Standards Act (ESA), Layoffs & Termination, Uncategorized
A June 2010 ruling of the Ontario Superior Court in Simpkin v. Ability Machine and Manufacturing Inc. demonstrates that in wrongful dismissal cases, quantification of damages is not confined to wages that would...
15 Mar Ontario Employment Law: Just Cause and Employee Dishonesty
Where a court finds "just cause" for the termination of employment, the dismissed employee loses entitlement pay in lieu of notice, statutory severance payments, and further, and may fail to...
15 Mar Ontario Employment Law: Wrongful Dismissal Settlements and Equalization of Net Family Property
Are wrongful dismissal claims to be considered in calculating equalization payments in Ontario family law proceedings?...