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Category: Termination

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

By , January 8, 2019 10:04 am

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 Continue Reading…

Doug’s Top 10 Employment Law Stories of 2018

By , December 27, 2018 9:36 am

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of the year: 1. Bill 148 Bit the Dust Ontario’s Employment Standards Act received its last major update in 2000. During the last three years, the Liberal provincial government consulted widely and introduced comprehensive changes to this Continue Reading…

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

By , November 6, 2018 10:18 am

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. Continue Reading…

Another Example of a Senior Executive Being Awarded More Damages Than Expected

By , August 21, 2018 10:45 am

A recent case decided by the Ontario Court of Appeal demonstrates yet again that relying on informal understandings with an employee about their rights on termination is a very bad idea. In this case, a 51-year-old President was terminated after a little more than 11 years of service. Judge Concludes 51-year-old Employee with 11 Years Service Continue Reading…

Will a Judge Enforce the Termination Clause in Your Employment Contract?

By , August 14, 2018 10:27 am

An employer can significantly reduce the amount of termination pay that it would otherwise owe an employee by including a termination clause in an employment contract.

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