Employee's Refusal to Return to Work After being Wrongfully Dismissed Constitutes Failure to Mitigate Ms. Frederickson had been employed with the Company as a dental technician assistant for more than 8.5 years when she was laid off by the Company…
In Rubin v. Home Depot Canada Inc., the Plaintiff commenced legal proceedings for wrongful dismissal and claimed that the Release he executed the same day he was terminated should not be enforced under the circumstances. The Plaintiff, who was in…
In 2008 Section 46.1 of the Ontario Human rights Code was enacted enabling individuals to sue for human rights violations within the context of a civil action for wrongful dismissal. This provision empowers the Courts to award remedies for human…
A 55 year old long term employee sued his employer for constructive dismissal on account of being laid off. Although the Ontario Employment Standards Act allows temporary lay-offs, at common law, in the absence of a lay - off provision in a written employment…
When an employer terminates an employee's employment and does not provide them with a severance package in accordance with the common law, the employee has been wrongfully dismissed. If you have received a severance offer or have only been paid…
Most clients (employee side) have never had to retain a lawyer to represent their interests in an adversarial context until they are wrongfully dismissed. It is a daunting process for many, however, by consulting with an experienced employment lawyer, you will…
At common law, upon termination of employment, an employee is entitled to damages for wrongful dismissal. The employee is entitled to damages in lieu of reasonable notice subject to a duty to mitigate. These damages are inclusive of his/her statutory…