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When a Resignation Becomes Wrongful Dismissal

A recent decision of the Ontario Court of Appeal provides an important reminder, that often an employee’s resignation from employment is not as clear in law as it at first…

Sultan Lawyers on Dismissal Pt. 4: The Difference Between Wrongful and Unjust Dismissal

Most employees understand that they have a right to be treated fairly upon the termination of their employment by their employer and to be free from wrongful dismissal. However, there…

Courts Are Prepared to Pay Years’ Worth of Bonuses as Part of Compensation to Terminated Employees

Employers that decide to end an employee’s employment must provide a significant period of guaranteed employment to the individual so that they can find another job or if the employer…

My Employer Reduced My Salary, Can I Claim Constructive Dismissal?

An employee’s salary is generally a fundamental component of an employee’s contract, and an employer cannot unilaterally change a fundamental term of employment in a contract without being at risk…

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”. …