Disability benefits claimant abandoned job
by Shane Todd Disability claims management is never easy. It is particularly difficult when employees refuse to provide enough medical information to substantiate their absence and entitlement to...
View ArticleDamages for wrongful dismissal: Who must prove what?
by Keri Bennett As noted in past articles here, Canadian employees can sue for lack of adequate notice of termination. Fired employees seeking damages for inadequate notice have a corresponding duty to...
View Article‘You must be actively employed to receive bonus’—or not, says Ontario court
by Shane Todd In an attempt to their limit severance exposure, employers often require that an employee be “actively employed” on the bonus payment date in order to be eligible to earn a bonus. The...
View ArticleExtraordinary damages not automatic in ‘cause’ cases
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are...
View ArticleWhen are criminal charges none of your business?
by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination...
View ArticleOntario court awards 3 types of damages in sexual harassment case
by Hannah Roskey An employee who was repeatedly sexually harassed by her coworker sued her employer after being terminated. In addition to normal damages for wrongful dismissal she was awarded $60,000...
View Article‘I quit … oh wait, I didn’t mean it!’
by Stefan Kimpton Employers don’t often enough think about the consequences of a heat-of-the-moment resignation. It is generally assumed that when an employee says “I quit” or storms out of the...
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When working notice just doesn’t work
by Jacqueline Gant For employers shutting down operations, providing working notice is often the best way to reduce severance amounts owed. Except when it’s not. In McLeod v. 1274458 Ontario Inc., an...
View ArticleDouble dipping: Can employees get severance plus pension or disability...
by Julie Robinson Employees in Canada are usually entitled to receive reasonable notice of termination or pay in lieu of notice unless fired for cause. But if the employees receive pension or sick...
View ArticleAvoiding liability risks when you fire a sexual harasser
by Theodore Fong The risks to employers in sexual harassment cases can be big. Potential liability can arise from any decision. Employers may then find themselves having to make tough decisions on...
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