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Searching Content indexed under Unfair/ Wrongful Dismissal by McMillan LLP ordered by Published Date Descending.
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1
The Fixed-Term Employment Contract: It's Your Funeral
Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts. In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home),
Canada
27 Sep 2019
2
Ontario Court Of Appeal: Employment Standards Act, 2000 Does Not Apply To Shareholder Rights
Ontario's Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited – that draws a clear distinction between employment rights and shareholder rights.
Canada
5 Aug 2019
3
Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out
Coffey v Nine Energy Canada Inc. 1, a recent decision of the Alberta Court of Queen's Bench, confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.
Canada
7 Dec 2018
4
BC Court Of Appeal Upholds 5 Months' Notice For 12 Months Of Service
A recent decision of the British Columbia Court of Appeal[1] serves as an important reminder to employers that termination obligations, even for very short-term employees, can be significant.
Canada
23 Aug 2018
5
Special Costs for Special Occasions including Breach of Settlement Agreement
In a recent decision, Shewchuk v. IBM Canada Limited, 2017 BCSC 2211, the British Columbia Supreme Court ordered IBM Canada to pay special costs for its conduct following the company's breach of a settlement agreement with Steven Shewchuk, a former employee
Canada
27 Dec 2017
6
Bonus Claims: Past Practice Gets A Boost
Craig Cunningham was an accomplished senior executive who was dismissed without cause after eight years service.
Canada
15 Nov 2017
7
Character Matters: Don't Be So Quick To (Summary) Judge
A recent decision of the Ontario Superior Court of Justice is bucking the summary judgment trend in wrongful dismissal cases.
Canada
17 Oct 2017
8
BC Court Of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence To Prove Compensable Mental Injury
Mr. Lau worked as an account manager and sold mutual funds at a bank. His employer terminated him on the grounds that he falsified bank records and lied during the course of an internal investigation...
Canada
11 Sep 2017
9
Manage The Baby Boom Or Bust: Strategies For Dealing With Termination And Retirement Of The Aging Workforce
It's no secret that Canada's workforce is aging – rapidly. Statistics show that 24% of persons aged 65 to 70 are still working, which is an 11% increase from 2000.
Canada
4 Jul 2017
10
"She Got A Break Today" - Court Refuses To Deduct Earnings During Notice Period
Brake v. PJ-M2R Restaurant Inc. (2017 ONCA 402) is an important decision on employers' potential liability in wrongful dismissal actions.
Canada
23 Jun 2017
11
Mind Your Manner: BC Supreme Court Awards Damages For Mental Distress Arising From Manner Of Dismissal And Recognizes Past Service
A recent decision from the British Columbia Supreme Court reminds employers of the recognition of past service and the available damage awards resulting from the manner of dismissal.
Canada
15 Mar 2017
12
Indignation Not Resignation: An Employee Storming Off Does Not Mean She Is Quitting
In a recent decision,1 the Ontario Superior Court of Justice clarified two important aspects of employment law: (1) what is required for conduct to constitute a resignation from employment...
Canada
19 Jan 2017
13
Indignation Not Resignation: An Employee Storming Off Does Not Mean They Are Quitting
In a recent decision,[1] the Ontario Superior Court of Justice clarified two important aspects of employment law: (1) what is required for conduct to constitute a resignation from employment and . . .
Canada
11 Jan 2017
14
Standard Of Review Reform: Maybe Another Time?
Joseph Wilson probably doesn't care much about the standard of review of administrative decisions.
Canada
14 Oct 2016
15
Employee Can't Have Cake And Eat It Too: Court Strikes Employee's Claims For Lack Of Jurisdiction
The BC Supreme Court recently struck out the majority of the plaintiff's claims on the grounds that the court lacked jurisdiction to adjudicate claims within the exclusive jurisdiction of the ESA.
Canada
22 Aug 2016
16
Bonus Plans: Being "Actively Employed" May Include Being Fired
When does a bonus form part of compensation owed during a terminated employee's notice period?
Canada
10 Aug 2016
17
Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal
After decades of debate, the highest court in Canada has answered the long-standing question as to whether non-unionized employees within federal jurisdiction can be dismissed "without cause".
Canada
18 Jul 2016
18
A Road Map for Wrongful Dismissal Damages from the Ontario Court of Appeal: Maltreatment of Deaf Employee Requires Appellate Intervention
This is a case of bad facts make clearer law. Rarely have the underlying facts leading to a wrongful dismissal reached the depths of the employer's "deemed" misconduct as set out by the Ontario Court of Appeal ..
Canada
6 Jul 2016
19
The Cure For What Ails You: Court Rejects "Technical Objections" To Termination Provision
There was no intent to contract out of the ESA in fact; to the contrary, the intent to apply the ESA is manifest.
Canada
6 Jul 2016
20
She's Lovin' It! Poor Use Of Performance Plan Leads To Wrongful Dismissal
Given Brake's approximately 20 years of service and age (62), the Court awarded her 20 months' notice, totalling $104,499.33 in damages.
Canada
27 May 2016
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