Just cause for dismissal: context is key

Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits major fraud in the course of their duties. Typically, such facts will prove fertile ground for successful assertions of just cause for dismissal by an employer.

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?

As we have discussed in previous articles, if you are fired from work and decide to seek severance, you are required to take reasonable steps to find alternate comparable employment. This obligation is referred to as the “duty to mitigate” the loss of your employment.

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

Wrongful dismissal disputes are fairly common. In our experience they often resolve through negotiation and infrequently progress far into the litigation process. That said, sometimes cases of this nature do reach the court room and the parties usually fight over the quantum of severance sought, the type of payments claimed (i.e. bonus/commissions) and whether the former employee made reasonable efforts to find re-employment.

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings

A long-standing rule of wrongful dismissal cases is that employees who seek additional severance are required to look for new work post-dismissal. Employers are only obligated to pay monies for actual loss incurred beyond any statutory entitlement period.

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses

Most people understand that if they lose their job, they have a right to receive severance from their employer. Generally speaking, what reflects fair severance for a person will depend on a number of factors such as whether the individual has a written employment contract, their age, their tenure of service, their formal education and the availability of comparable jobs in the local market.

Q&A: Wrongful Dismissal from Employment

Q&A: Wrongful Dismissal from Employment

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on wrongful dismissal from employment.

Tips on the right way to fire employees in Ontario

Tips on the right way to fire employees in Ontario

Dismissing an employee is not a pleasant experience. But whether you like it or not, this is one task that most businesses will encounter at some point. As President Trump reminded us again this week after reports surfaced that Secretary of State Rex Tillerson learned of his firing by way of a twitter post, there is both a right way and a wrong way to conduct employee terminations.

Commitment to “comply with statute” not enough to displace common law rights on termination

Commitment to “comply with statute” not enough to displace common law rights on termination

Last month, the Court of Appeal for Ontario released its decision in Nemeth v. Hatch Ltd. garnering a lot of attention within the province’s employment law bar.