Wrongful Dismissal | MacLeod Law Firm

Why You Should Get Your Severance Package Reviewed

MacLeod Law Firm — Tue, 09 Feb 2021 20:23:40 +0000

Why You Should Get Your Severance Package Reviewed Your manager brings you into the boardroom where HR is present (or invites you to a Zoom meeting!). You are then told you are being let go and handed a severance package. You are likely shocked and the last thing you want to do is pay a lawyer to review it but the cost of this review may be one of the best investments in your life.

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The Impact of COVID-19 on Wrongful Dismissal

MacLeod Law Firm — Fri, 29 Jan 2021 15:00:49 +0000

With the significant number of terminations that have occurred throughout 2020 due to Covid-19, many employees are asking whether Covid-19 affects their wrongful dismissal rights. We have been waiting for the courts to provide guidance on the impact of Covid-19 on wrongful dismissal cases. A recent decision gave some initial guidance. The Case – Termination before Covid-19 In Yee v Hudson’s…

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The Everchanging Impact Of Termination Clauses On Your Entitlements Upon Termination

MacLeod Law Firm — Fri, 29 Jan 2021 10:00:06 +0000

The Everchanging Impact Of Termination Clauses On Your Entitlement Upon Termination A termination clause is typically found in an employment contract. It often purports to limit your right to termination pay to the minimum amounts contained under the Employment Standards Act (the “ESA”). The law on what types of termination clauses are considered legally enforceable is constantly changing.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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COVID-19 Update: How to Apply for the 75% Canada Emergency Wage Subsidy

Doug MacLeod — Fri, 24 Apr 2020 13:37:37 +0000

I recently wrote a detailed blog on the Canada Emergency Wage Subsidy (“CEWS”). You can read this blog here. The Canada Revenue Agency (“CRA”) has since launched an online calculator which allows you to determine the amount of wage subsidy you can claim through the CEWS. This calculator also provides information on how the subsidy will be calculated. You can use the information generated by the…

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Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim

Doug MacLeod — Tue, 25 Feb 2020 15:00:16 +0000

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace Safety and Insurance Act (the “WSIA”) and convinced an adjudicator that the action was statute barred. However, the adjudicator concluded that the employee could claim for benefits under WSIA. If this case is upheld on appeal…

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5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more

MacLeod Law Firm — Wed, 18 Dec 2019 13:45:11 +0000

5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more Most people simply want to be treated with fairness, dignity and respect at work. This blog summarizes five things you can do to make sure this happens including discussion on harassment, discrimination, employment contracts and severance packages. 1. A fair employment contract. If you apply for a…

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Doug’s Top 5 Employment Law Stories of 2019

Doug MacLeod — Tue, 10 Dec 2019 13:51:02 +0000

We have started the last month of 2019 and it is time for my annual top Employment Law stories of the year. 2019 has been a relatively good news year for Ontario employers. On January 1, 2019, the new Conservative provincial government started the year by delaying (likely indefinitely) the implementation of the Pay Transparency Act and by repealing a $1 per hour increase in the minimum wage…

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Court of Appeal Allows Employee to Withdraw Seemingly Clear Resignation

MacLeod Law Firm — Sat, 30 Nov 2019 20:28:24 +0000

As we have written before, to be valid, a resignation must be voluntary, clear and unequivocal. There are circumstances where employees are allowed to retract their resignation, and if an employer does not accept the retraction, the employer can be found to have wrongfully dismissed the employee. In the recent decision, English v Manulife Financial Corporation, 2019 ONCA 612, the Court of Appeal…

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Wrongful Dismissal Update: Alleging Just Cause is a Legal Minefield

Doug MacLeod — Tue, 12 Nov 2019 14:01:05 +0000

A recent case, Headley v. City of Toronto, 2019 ONSC 4496, shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy. The Facts: Headley v. City of Toronto After completing an internal investigation, the City of Toronto terminated Mark Headley, a shift leader at a men’s shelter, for just cause after 15 years service for allegedly stealing $5…

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