Posts Categorized: wrongful dismissal
Background – An Employer’s Responsibility
An employer’s responsibility is to provide reasonable notice of termination to a long-term employee, if the termination is ‘without cause’.
Termination or firing ‘for cause’ might include such offences or breaches of the employment contract such as theft or dishonesty.
But assuming this there are no human rights code violations or discriminatory practices, generally an employer is entitled to terminate or fire an employee, but the employer will have to provide reasonable notice or pay severance in lieu of notice.… Continue Reading
The cost of lawsuits in Ontario is always a concern for potential litigants. We often are asked, “How much will my legal fees / costs be and how can I afford them?”
The recent case of Mathieson v. Scotia Capital Inc. (2010 Ontario Superior Court of Justice) provides an illustration of how an 8 day Trial of a wrongful dismissal action led to $280,000 of legal fees and expenses being awarded. The actual Trial decision (Nov/2009) is found here.
The 58 year old plaintiff was a senior employee in the investment banking group, having worked for 30 years prior to termination.… Continue Reading
Wrongful dismissal questions – when can you fire someone for just cause and avoid paying severance or termination pay? What are the factors or reasons allowing for immediate termination without notice?
Can a 41 year old manager earning $142,000 per year plus stock options, who has been with your company for 9 years and who has 9 staff reporting to him, who is responsible for a $19 million/year marketing budget to promote a drug (with annual sales of $300 million) – can this manager be fired for falsely claiming $500 in golf and meal expenses?… Continue Reading
During difficult economic times, issues regarding dismissals and layoffs are frequent questions from both employers and employees alike.
One interesting recent example of this issue is that of Canac Kitchens Inc. (also Kohler Canada Ltd.) arising from their closure of their Canadian manufacturing operation in the Spring, 2008. Various employees were dismissed and many started lawsuits against their employer. Many of these lawsuits proceeded to a Judgment, including the following non-exhaustive list:Cardenas v. Kohler Canada Co.; Correia v. Kohler Ltd.… Continue Reading
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