The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in his terms and conditions of employment had not condoned the change and could claim damages for constructive dismissal. Read more about this surprising decision and key lessons for employers to learn in our Latest Update.
Related Posts
To be enforceable, non-competition agreements must, as a general rule, be reasonable and unambiguous in terms of their geographic scope,…
A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income…
The law on addiction has evolved over the years in arbitral jurisprudence. Earlier decisions treated illness as a mitigating factor…
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees. …
In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a…
When no work is available in a particular field, dismissed employees may undertake reasonable mitigation efforts by pursuing re-training to…
Employers who only provide the minimum amounts required by employment standards legislation after termination are gambling. Sometimes this approach can…
Over a period of five months, Crown Metal Packaging Canada LP provided Mr. Di Tomaso with five notices of termination, containing four…
COVID-19 has caused unprecedented disruption in the economies all over the world. Employers who have had to lay off or…
Frank Portman discusses a recent Ontario Court of Appeal decision which greatly increased the scope of general and other damages…
By: Frank Portman Since 2008, Courts have wrestled with wrongful dismissal claims in which employees make claims of entitlements…
Summary judgment has increasingly become a process used to litigate wrongful dismissal actions. It can be attractive as it allows…
By: Jeremy Schwartz and Daniel Gaspar On October 2, 2020, Federal Bill C-4, An Act relating to certain measures in response…
Employers be warned – engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy. The Supreme…
Take It or Leave It: How NOT to Change Terms in an Employment Contract – Greg McGinnis and Jeremy Schwartz