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Is Your Termination Package Fair? How to Know If You Could Be Entitled to More

The Basics: What You Need to Know In Ontario, and pursuant to the Employment Standards Act, 2000 (“ESA”) employees are entitled to notice of the termination of their employment or…

Termination & the Duty to Mitigate: Five Frequently Asked Questions

If an employee chooses to file a claim for wrongful dismissal or constructive dismissal against their former employer, a court will generally examine the efforts made by the former employee…

Are Longer Notice Periods for Terminated Employees Becoming More Common?

Employees in Canada who have their employment terminated are entitled to be provided with either notice of the termination of their employment or compensation in place of notice which will…

Contract Language: Courts’ Decisions May Surprise You!

There are often circumstances where you look at a contract and it’s tempting to be confident as to how a court will decide a case.  For example, employees may be…

Courts Review When Suspension of Employee is Not Acceptable

The Ontario Court of Appeal has provided a useful decision on the topic of when an employee can be suspended without triggering a termination of employment.  The case, Filice v Complex…

When the Duty to Mitigate is Expensive: Employer Ordered to Pay $45,000

The duty of an employee to mitigate damages after a termination of employment operates to help reduce the period of unemployment or underemployment over which the former employer may owe…

26 Months’ Notice Awarded in Recent Ontario Superior Court Case

In a recent Ontario Superior Court (“Court”) case Justice Favreau ruled in favour of the Plaintiffs in finding that they were entitled to 26 months’ notice and did not act…

HRTO: No Absolute Right to Marijuana Use at Work

In a recent decision at the Human Rights Tribunal of Ontario (“HRTO”), the HRTO confirmed that there is no absolute right to the use of medical marijuana in the workplace…

Wrongful Dismissal and the Duty to Mitigate

The duty of an employee to mitigate damages after a termination of employment can be a serious point of contention in a wrongful dismissal claim. How can an employer demonstrate…