What kind of legal costs can I recover at court? Small Claims Court edition The losing party in a court case usually pays some of the winning party’s costs, but the costs that can be recovered in Small Claims Court are significantly limited by the Rules of the Small...
An update on mitigation: What happens when a wrongful dismissal case gets to court while the employee is still unemployed? The Basics A wrongful dismissal occurs when an employer does not provide enough notice of termination. An employee can claim damages equal to the...
Changing an Employee’s Shifts After a Medical Leave is Discrimination Many employees require a medical leave at some point during their career. Often the difficult period begins when they return to work and are not supported. Employees have the right to...
Is Failing to Pay a $329K bonus Constructive Dismissal? In a recent decision, Chapman v. GPM Investment Management, the Court of Appeal for Ontario (ONCA) said no. Facts In this case, the employee’s contract provided for a bonus to be calculated on the company’s...
Failing to provide a doctor’s note is not necessarily “just cause” Generally speaking, an employer may terminate an employee as long as it provides the employee with notice of termination. However, if an employer has ‘just cause’ for the termination,...
Is My Termination Clause Good? A termination clause in an employment contract states how much notice of termination an employer is required to provide an employee. The employer can provide working notice of termination or pay instead of working notice, but almost all...
How to get around a termination clause You may have signed an employment contract with a termination clause. You may be wondering whether you are only entitled to the amount set out in this termination clause. The short answer is…it depends. There are a number of ways...
When Can Your Employer Terminate You for Just Cause? “Just Cause” is a legal term that describes when employers can terminate employees without providing any notice of termination or pay in lieu of notice. In a 2016 decision, the Ontario Court of Appeal found that a...