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Wrongful Dismissal – Do I Get My Bonus?

Wrongful Dismissal – Do I get my bonus?

  • July 24, 2017

If an employee is terminated and their remuneration package included a bonus component, they should vigorously pursue their claim for damages for the loss of the bonus(es). If payment for the bonus(es) is not included in the Company's proposed severance…

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Letters Of Reference & Wrongful Dismissal

Letters of Reference & Wrongful Dismissal

  • June 20, 2017
A letter of reference is a key term in a wrongful dismissal matter. It would be prudent in most situations to include the actual letter as a term of the settlement. Attach it as an appendix, along with a provision that the oral references are consistent with the content of the reference letter. In some situations, it is stipulated that the oral references are confined to what is stipulated in the reference letter. This way you have made the reference letter and the oral references an actual term of the settlement.
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Violence In The Workplace – Just Cause Not Found

Violence in the Workplace – Just Cause Not Found

  • March 17, 2015

In the 2014 Ontario case of Phanlouvong v. Northfield Metal Products (1994) Ltd., the Court found that punching a co-worker in the face did not constitute just cause and therefore, awarded the Plaintiff damages equivalent to 15 months pay less…

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Senior Executive Recruited And Wrongful Dismissal

Senior Executive Recruited and Wrongful Dismissal

  • March 12, 2015

Mr. Rodgers spent his entire professional career in the trucking, freight forwarding and logistics industry. In September, 2009, Mr. Rodgers was 52 years of age and the President of Sameday Worldwide earning a salary of $189,000 plus bonus when he…

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Terminated On First Day Of Job Due To Pregnancy

Terminated on First Day of Job Due to Pregnancy

  • October 29, 2014

Jessica Maciel was just over 4 months pregnant when she was hired for the position of full-time receptionist in two related hair salons in the Erin Mills Town Centre, Mississauga. One hour into her first shift, Ms. Maciel started to…

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Employee’s Refusal To Return To Work

Employee’s Refusal to Return to Work

  • October 20, 2014

Employee's Refusal to Return to Work After being Wrongfully Dismissed Constitutes Failure to Mitigate Ms. Frederickson had been employed with the Company as a dental technician assistant for more than 8.5 years when she was laid off by the Company…

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Signed Release Found To Be Unenforceable

Signed Release Found to be Unenforceable

  • September 5, 2014

In Rubin v. Home Depot Canada Inc., the Plaintiff commenced legal proceedings for wrongful dismissal and claimed that the Release he executed the same day he was terminated should not be enforced under the circumstances. The Plaintiff, who was in…

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Laid Off Employee Sued For Constructive Dismissal

Laid Off Employee Sued for Constructive Dismissal

  • April 26, 2013

A 55 year old long term employee sued his employer for constructive dismissal on account of being laid off. Although the Ontario Employment Standards Act allows temporary lay-offs, at common law, in the absence of a lay - off provision in a written employment…

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What Is Wrongful Dismissal?

What Is Wrongful Dismissal?

  • January 27, 2013

When an employer terminates an employee's employment and does not provide them with a severance package in accordance with the common law, the employee has been wrongfully dismissed. If you have received a severance offer or have only been paid…

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