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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…

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…

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…