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 to an important March 14, 2011 ruling of the Ontario Superior Court Ontario in Oosterbosch...
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 have been earned during the notice period, but will also include the replacement cost of...
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 qualify for unemployment insurance....
Are wrongful dismissal claims to be considered in calculating equalization payments in Ontario family law proceedings?...
In a very recent wrongful dismissal case, Sebanescu v. Span Manufacturing Ltd., the Court was forced to grapple with the exact relationship between the period of reasonable notice to which an employee is entitled and mitigation of losses. In that case, the Plaintiff, an engineer with three years...
Section 22 of the Ontario Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked....
Aggravated damages may be awarded in wrongful dismissal actions on rare occasions to compensate an employee whose damages have been worsened or exacerbated by the employer's misconduct or bad faith upon termination....
The Ontario Human Rights Tribunal provides us with an important reminder: Its jurisdiction is limited by the Ontario Human Rights Code itself....
In a very recent case, Syed v. Khetia Pharmacy Inc., the Ontario Human Rights Tribunal decisively rejected an applicant’s claim that he had been discriminated against by his employer on the basis of four grounds, namely ancestry, ethnic origin, place of origin and disability. While the Applicant was...
The Ontario Employment Standards Act (ESA) provides many benefits to the Province's employees. It also lays a few traps for those who do not fully consider the Act's complexities and limits....
Employers often wish to protect their commercial and business interests by contractually limiting the ability of departing employees to use confidential information, compete with the employer, and solicit the employer's customers and staff in the period subsequent to employment....
Here is yet another sign of our digital times - the Facebook password request ancillary to a job application. Recruits in more than a third of 728 police agencies surveyed are now required to provide access to their social media accounts to enable background checks in the employment...
One important area where the Ontario Employment Standards (ESA) and the common law appear to be wholly at odds relates to the consequences of temporary layoffs. The ESA provides that under certain circumstances, an employer may temporarily lay off an employee, and even though no work is provided...
The post discusses evolving attitudes toward social media use in the workplace, highlighting two key developments: U.S. NLRB Ruling on Social Media and Worker Rights The National Labor Relations Board found that an EMS worker had the right to discuss workplace conditions on Facebook—even if that meant...
Under Ontario’s Employment Standards Act (ESA), employees dismissed without cause are entitled to two distinct statutory payments: Termination Pay: Calculated based on years of service. Employees with 8 years or more can receive up to 8 weeks of termination pay. wiselaw.blogspot.com Severance Pay: Available to employees who meet...
Discover how the Ontario Human Rights Code protects employees from disability discrimination at work, and how employers must accommodate injuries or disabilities unless it causes undue hardship. Includes case insights....
Learn when an Ontario employer can avoid termination notice or pay by demonstrating egregious, deliberate misconduct under ESA Regulation 288/01. Highlights from the Walmart Canada Gray case....
When a non-unionized employee in Ontario is terminated without cause, the employer must promptly provide statutory entitlements under the Employment Standards Act (ESA)—namely, termination pay and severance pay. Termination pay is calculated at up to one week per year of service (capped at 8 weeks),...
In Slater v. Sandwell Incorporated (1994), Ontario courts confirmed that reasonable notice for terminated employees is assessed using the Bardal factors—job type, service length, age, and re-employment prospects—while also considering economic climate and the parties’ expectations. Economic hardship alone, however, does not reduce notice obligations....
In Ontario, non-unionized, non-managerial employees terminated without cause are entitled to reasonable notice—a length determined by the Bardal factors: length of employment, seniority, age, likelihood of securing new work, and the character of their job. For example, in Wallace v. United Grain Growers, a top...