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.

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Vey Willetts LLP was recently successful in defeating a summary judgment brought by IBM Canada Limited. This decision, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

North v. Metaswitch Networks: Ontario's Top Court Confirms the Correct Approach to Employee Severance

North v. Metaswitch Networks: Ontario's Top Court Confirms the Correct Approach to Employee Severance

A recent decision from Ontario's Court of Appeal, North v. Metaswitch Networks Corporation, confirms how the courts in our province will assess an employee's severance entitlement where his/her employment was governed by a written agreement that includes a termination provision.

Bad faith dismissal: is medical evidence required to prove damages?

Bad faith dismissal: is medical evidence required to prove damages?

A dismissal from employment is rarely pleasant for anyone involved. Frustration, anxiety and hurt feelings are all common by-products. But how do we assess whether an employee has suffered harm beyond the ordinary due to a poorly handled termination?