Wrongful Dismissal Archives

Duty to Mitigate: When Minimal Efforts Are Acceptable
November 1, 2011
In Systad v. Ray-Mont Logistics Canada Inc. the British Columbia Supreme Court found that an employee who underwent knee surgery two months after bein Read More...

Repeated Verbal Harassment Results in Supervisor’s Termination for Cause
October 17, 2011
In Gillam v. Waschuk Pipe Line Construction Ltd. the Saskatchewan Court of Queen’s Bench found that the employer was justified in terminating the em Read More...

Employer’s Claim of Frustration Becomes Frustrated: Award of 22 Months, Moral and Punitive Damages
September 27, 2011
In Altman v. Steve’s Music Store Inc. the Court rejected the employer’s defence of frustration of contract and awarded the employee 22 months noti Read More...

Employee’s Obligation to Mitigate May Be Removed Expressly or Implicitly
September 22, 2011
Does the obligation to mitigate still exist when an employee is terminated in accordance with an employment contract which provides for a certain amou Read More...

Initial Burden: An Employee’s High Jump with Human Rights Applications
August 30, 2011
In order for an employee to have the opportunity to succeed with an application to the Human Rights Tribunal of Ontario, the employee must first demon Read More...

Employer’s Bad Conduct Costs Them Punitive Damages and Solicitor-Client Costs
August 11, 2011
Courts may award punitive damages when an employer’s behavior towards an employee was “high-handed, malicious and reprehensible”. The purpose of Read More...

Complete Working Notice Period or Risk Loss of Notice Entitlement
July 26, 2011
Short of constructive dismissal, an employee who is provided with working notice must complete the working notice period they are provided with, other Read More...

Ever Changing Termination Date Results In Full Award of Notice
July 19, 2011
Termination dates must be clear and unambiguous in order for working notice to be applicable, otherwise notice provided to the employee prior to the t Read More...

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