Wrongful Dismissal Lawyer | MacLeod Law Firm

Temporary Layoff Update: Can An Employee Refuse a Recall?

Doug MacLeod — Tue, 05 Feb 2019 18:55:18 +0000

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the employee can be temporarily laid off, or your organization has a history of temporarily laying off an employee…

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Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

Doug MacLeod — Tue, 08 Jan 2019 14:57:24 +0000

Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. A recent case involving a 54-year-old senior executive who earned about $275 000 a year who…

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The Perils of Dismissing a Disabled Employee

Doug MacLeod — Tue, 12 Jul 2016 17:08:23 +0000

On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here for my blog post). The OCA increased the damages the employer was ordered to pay from about $ 110 000 to about $ 245 000 which was basically the amount the person claimed in…

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How much Notice of Termination is a Probationary Employee Entitled to Receive?

Doug MacLeod — Tue, 26 Apr 2016 13:00:01 +0000

I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent case highlights some of the issues that arise when there is a probationary clause in an employment contract. In this particular case, an employee who had been lured from secure employment signed an employment contract…

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Legal Shades of Grey: Are offensive statements made on personal time just cause for termination?

Doug MacLeod — Tue, 02 Jun 2015 13:20:29 +0000

Hydro One Employee Terminated for Making Sexist Statement to a TV Reporter Shawn Simoes who worked as an engineer for Hydro One was recently terminated when his employer found out that he made an offensive and sexist comment to a female TV reporter, Shauna Hunt. To read the Global News story about this, click here. He did not identify himself as a Hydro One employee. However someone saw the story…

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Yet Another Reason Not to Use Fixed-Term Contracts

Doug MacLeod — Fri, 23 Jan 2015 15:33:22 +0000

I do not like fixed-term contracts. In my experience, a contract of indefinite employment with a termination clause is a better option for an employer in almost every situation. This blog summarizes a recent case which reinforces my negative views on fixed-term contracts. The Facts The employer entered into a one year fixed term contract with a senior manager. There was no obligation to renew the…

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Constructive Dismissal Update: 2014 Decisions

Doug MacLeod — Fri, 21 Nov 2014 17:11:32 +0000

I am often asked whether a change in employment (or more than one change) is a constructive dismissal. If so, the employee can quit and claim damages for pay in lieu of notice of termination. If not, the person receives no damages. It is an all or nothing proposition. And that is why employment lawyers do not like answering this question. Definition of Constructive Dismissal The definition of a…

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Jian Ghomeshi: Legal Shades of Grey

Doug MacLeod — Tue, 28 Oct 2014 13:05:03 +0000

The Jian Ghomeshi story: The Basics According to the Toronto Star “CBC star Jian Ghomeshi has been fired over “information” the public broadcaster recently received that it says “precludes” it from continuing to employ the 47-year-old host of the popular Q radio show. Further, “Over the past few months the Star has approached Ghomeshi with allegations from three young women, all about 20 years his…

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Employment Contracts: The Problem with Fixed-Term Employment Contracts

Doug MacLeod — Wed, 15 Oct 2014 16:53:09 +0000

I often get calls from an employer who has hired someone on short-term, fixed-term employment contract; that is, the person has been hired for 3 months, or 6 months, or a year. Sometimes the person has signed an employment contract, and sometimes she has not. In almost all cases, the employer would be in a better legal position if the employee had been hired for an indefinite period of time with a…

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Wrongful Dismissal Update: What is Reasonable Notice of Termination?

MacLeod Law Firm — Tue, 08 Jan 2013 13:46:32 +0000

Wrongful Dismissal Update: What is Reasonable Notice of Termination? In Ontario, an employer generally may terminate an employee at any time by providing the employee with reasonable notice of termination. Or the employer may opt to pay the compensation the employee would have earned during this notice period and remove the employee from the workplace immediately. There are important exceptions to…

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