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Defined Benefit Pension Plans and Lump Sum Severance Packages

Defined Benefit Pension Plans and Lump Sum Severance Packages

An employee may be a member of a Defined Benefit Pension Plan (“DB Pension Plan”)…

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What Happens to the Employee’s Bonus(es) where the Plan requires the Employee to be “Actively Employed” at Time of Pay-Out?

What Happens to the Employee’s Bonus(es) where the Plan requires the Employee to be “Actively Employed” at Time of Pay-Out?

The bonus is often an integral part of an employee’s remuneration package. The bonus plan…

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Are You Being Solicited to Join Another Company?

Are You Being Solicited to Join Another Company?

Be Alert to the Termination Provisions in the Employment Agreement A company may ask a…

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Wrongful Dismissal – Do I get my bonus?

Wrongful Dismissal – Do I get my bonus?

If an employee is terminated and their remuneration package included a bonus component, they should…

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Terminated – The Loss of Disability Coverage

Terminated – The Loss of Disability Coverage

It is prudent  for an employee to obtain individual critical illness insurance and/or individual disability…

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Terminations & Employee Pension Plans

Terminations & Employee Pension Plans

When an employee is terminated without cause, the employee is entitled at common law to their salary and benefits that they would have received had they not been terminated, throughout the reasonable notice period, subject to any deduction on account of mitigation.
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Letters of Reference & Wrongful Dismissal

Letters of Reference & Wrongful Dismissal

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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Real Estate Agency Ordered to Pay 9K in Damages for Termination of Pregnant Receptionst

Real Estate Agency Ordered to Pay 9K in Damages for Termination of Pregnant Receptionst

Ms. Dhillon was hired by Planet Group (Hallmark) Realty Inc. (the “Company”) as a receptionist…

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Record Setting $75,000 in Damages Awarded in Discrimination Case

Record Setting $75,000 in Damages Awarded in Discrimination Case

B.C. Human Rights Tribunal Orders Record Setting $75,000 Damage Award in Discrimination Case Dr. Kelly…

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Toronto Hair Salon Owners Pay Heavy Price for Sexually Charged Work Environment

Toronto Hair Salon Owners Pay Heavy Price for Sexually Charged Work Environment

This past Summer (June 27, 2014), the Ontario Human Rights Tribunal awarded three female employees…

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Job Applicant Discriminated Against on Grounds of Colour, Race & Ethnicity Successfully Pursues Human Rights Case

Job Applicant Discriminated Against on Grounds of Colour, Race & Ethnicity Successfully Pursues Human Rights Case

Malek Bouraoui explained at a recent hearing before the Human Rights Tribunal of Ontario (Decision:…

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Terminated on First Day of Job Due to Pregnancy

Terminated on First Day of Job Due to Pregnancy

Jessica Maciel was just over 4 months pregnant when she was hired for the position…

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Developmentally Disabled Employee Paid Less than Minimum Wage

Developmentally Disabled Employee Paid Less than Minimum Wage

Developmentally Disabled Employee Paid Less than Minimum Wage Awarded over $185,000 by the Human Rights…

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Employee’s Refusal to Return to Work

Employee’s Refusal to Return to Work

Employee's Refusal to Return to Work After being Wrongfully Dismissed Constitutes Failure to Mitigate Ms.…

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Employer’s Termination of Employee on Stress Leave

Employer’s Termination of Employee on Stress Leave

Employer's Termination of Employee on Stress Leave Constitutes Discrimination on the Basis of Disability
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Pregnant Employee Discriminated Against

Pregnant Employee Discriminated Against

Pregnant employee discriminated against by being removed from work schedule "in accordance with Company policy as a result of health and safety issues and the potential danger to her, her unborn child and co-workers." She was subsequently terminated for finding employment elsewhere.
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Tim Horton’s Discriminated Against an Employee on the Basis of Her Disability

Tim Horton’s Discriminated Against an Employee on the Basis of Her Disability

A single mother and cashier at a Tim Horton's store in Thunder Bay suffered from…

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Tribunal Found Communication to Applicant Tainted by Age Discrimination

Tribunal Found Communication to Applicant Tainted by Age Discrimination

The Applicant, Peter Reiss was an experienced lawyer with a career spanning 30 years. He applied at the age of 60 for the position of commercial legal writer with CCH Canadian Limited (the “Company”).
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Discrimination on the Basis of Pregnancy

Discrimination on the Basis of Pregnancy

The Ontario Human Rights Tribunal awarded over $19,000 for lost wages and compensation for injury…

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Signed Release Found to be Unenforceable

Signed Release Found to be Unenforceable

In Rubin v. Home Depot Canada Inc., the Plaintiff commenced legal proceedings for wrongful dismissal…

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Age Discrimination in the Workplace

Age Discrimination in the Workplace

The Ontario Human Rights Tribunal in Deane v. Ontario (Community Safety and Correctional Services) awarded…

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TOP 5 Reasons To Hire A Toronto Employment Lawyer To Review Your Severance Package

TOP 5 Reasons To Hire A Toronto Employment Lawyer To Review Your Severance Package

A Toronto Employment Lawyer:    

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$20,000.00 Awarded for Discrimination Damages by Ontario Superior Court of Justice in a Wrongful Dismissal Action

$20,000.00 Awarded for Discrimination Damages by
Ontario Superior Court of Justice in a Wrongful Dismissal Action

In 2008 Section 46.1 of the Ontario Human rights Code was enacted enabling individuals to…

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Just Cause Established Even When Employer Finds Out About Employee’s Conduct After Dismissal

Just Cause Established Even When Employer Finds Out About Employee’s Conduct After Dismissal

Campbell v. Harrigan Rentals and Equipment Ltd. October 2013 In a recent wrongful dismissal case…

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Can an Employer Alter the Term(s) of an Employment Contract?

Can an Employer Alter the Term(s) of an Employment Contract?

Wronko v. Western Inventory Service Ltd. An Employer may give an Employee an Employment Contract…

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Employer’s Failure to Accomodate Employee’s Disability Results in 9 Years of Back Pay and Reinstatement

Employer’s Failure to Accomodate Employee’s Disability Results in 9 Years of Back Pay and Reinstatement

Fair v. Hamilton-Wentworth District School Board The Hamilton-Wentworth District School Board has been ordered to…

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Racial Discrimination in the Workplace

Racial Discrimination in the Workplace

Significant Human Rights Award Given to 3 Muslim Restaurant Workers  (Islam v. Big Inc.) In…

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Laid Off Employee Sued for Constructive Dismissal

Laid Off Employee Sued for Constructive Dismissal

A 55 year old long term employee sued his employer for constructive dismissal on account of…

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What Is Wrongful Dismissal?

What Is Wrongful Dismissal?

When an employer terminates an employee's employment and does not provide them with a severance…

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The Value of the Initial Consultation

The Value of the Initial Consultation

Most clients (employee side) have never had to retain a lawyer to represent their interests in…

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Seek Legal Advice Prior To Signing An Employment Contract

Seek Legal Advice Prior To Signing An Employment Contract

It is not uncommon for an employee to sign an employment contract prior to commencing…

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Termination Provision In Contract – No Implied Duty To Mitigate

Termination Provision In Contract – No Implied Duty To Mitigate

At common law, upon termination of employment, an employee is entitled to damages for wrongful…

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Claim For Loss Of Disability Benefits Awarded Against Prior Employer

Claim For Loss Of Disability Benefits Awarded Against Prior Employer

The Ontario Court of Appeal upheld a trial judge’s decision that although an employee had…

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