Wrongful Dismissal Lawyers | MacLeod Law Firm

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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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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Valuing Employee Pensions in Wrongful Dismissal Cases: A Boring but Important Issue

Doug MacLeod — Tue, 06 Nov 2018 14:25:59 +0000

A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension plan. So the question arises: when calculating wrongful dismissal damages, how do you calculate damages for pension benefits? A recent case considered this question. The Facts Imperial Oil Ltd. terminated Donald Dussault’s…

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Constructive Dismissal: The Bane of An Employment Lawyer’s Existence

Doug MacLeod — Tue, 12 Jan 2016 14:16:59 +0000

Constructive Dismissal: The Bane of An Employment Lawyer’s Existence Definition of Constructive Dismissal: The Traditional Definition Until recently, a constructive dismissal was found to take place when an employer breaches an implicit or explicit term of contract and that breach “substantially alters an essential term of the contract.” The judge would apply an objective test; that is…

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