There are three choices available to an employee when an employer attempts to unilaterally change a fundamental term of the contract: The employee may accept the change in the terms of employment – in which case, the employment will continue under the altered terms; An employee may reject the terms and sue for damages if
SEVERANCE AND OTHER PAY Dismissals that require notice and severance pay In wrongful dismissal cases, the employee is often entitled to severance pay greater than that set out in the Employment Standards Act. In this situation, the employee should consult with a lawyer experienced in employment law matters. Unless it is specifically agreed that an
Mitigating Damages What is an employee’s obligations upon termination to find a new job? An employee who has been terminated is required to reasonably seek out alternate and comparable employment in a timely way. What if I feel I am constructively dismissed or I am terminated but am later offered a job at the same
VERBAL WARNING OF PERFORMANCE NOT ENOUGH TO JUSTIFY TERMINATION In a recently released case from British Columbia, A 55 year old tugboat captain who had been employed for 8 years and 2 months prior to his dismissal sued after his employer dismissed him for cause after giving him repeated, but undocumented, verbal warnings regarding incompetent
Click here and fill out our CASE EVALUATOR Can an employee criticize a superior with reprisal? When does it become justification for the termination of the employee for cause? Not all comments made by an employee about the Company or their boss that are critical in nature justify termination. Here are some of the considerations
Termination for Cause – What is appropriate discipline for an employee’s misdeeds?
by Maureen CurrieClick here and fill out our CASE EVALUATOR Not every improper or unfortunate action by an employee merits termination. Courts consider a number of factors to determine if a termination is warranted for an employee’s behaviour, including criticizing the boss. This includes: Whether the employee was provoked How long the employee had worked for the
But when the way the employee is treated during the dismissal is particularly reprehensibly, harsh, disrespectful or, to use a Court’s term – “egregiously”, employees can collect additional or extraordinary damages called aggravated punitive or other damages. These are often referred to as Wallace or, now, Honda damages – arising from the Supreme Court of
Websites such as Twitter, MySpace, Facebook and LinkedIn have become a part of many people’s personal lives. The public nature of these Internet communications can have an effect on both employers and employees where an employee makes a negative or disparaging comment on-line about an employer. In E V Logistics v. Retail Wholesale Union [2008],
Bill 168 Violence and Harassment in the Workplace The Ontario Health and Safety Act impose new duties on employers to address violence and harassment in the workplace in the form of programs, policies, the provision of information to workers (where a person has a history with respect to violence) and harassment. Here is the five