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I Was Wrongfully Dismissed, How Much Can I Sue For?

Refresher on Wrongful Dismissal A wrongful dismissal occurs when an employee’s employment is terminated without adequate notice or pay in lieu of notice. If an employee has been wrongfully dismissed,…

Disability Leave & Frustration of Contract: When do the Two Intersect?

Disability leaves happen and the reality is that they are difficult to manage, both for employees and employers. Unfortunately, communication often breaks down in these situations and it then becomes…

Sultan Lawyers on Dismissal Pt. 3: The Difference Between Wrongful and Constructive Dismissal

You may be aware of two common terms often used to describe the actions of an employer who violates the rights of an employee at the time of the termination…

Have I been Wrongfully Dismissed, and How Do I Know?

In general terms, an employee is wrongfully dismissed when an employer breaches a term or several terms in the contract of employment, or a statute provision or rule in employment…

When is an Employer Liable for the Actions of a “Rogue” Employee?

There are times when one employee can act so improperly as to cause the harassment and/or departure of another employee. These situations are often referred to as an employee going “rogue”. …

Sultan Lawyers on Dismissal Pt. 1: What is Wrongful Dismissal?

What is wrongful dismissal? The term wrongful dismissal is spoken about widely, but very few people properly articulate the issue. Employers have the right to dismiss employees for any reason…

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…

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…