Wrongful Dismissal

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal

Tagg Industries v. Rieder serves as a useful reminder of the importance of proving (and communicating to employees) a termination for cause, as well as the high threshold that employers must meet in such circumstances.

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits. Wages, by contrast, are a relatively simple affair. If a court orders the employee ought to have received an additional three (3) months’ notice, the parties need only calculate the value of three months’ wages and any resulting interest for the delay in payment.

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.

Andrew Vey Interviewed by Global News

Andrew Vey Interviewed by Global News

Earlier this month, Vey Willetts lawyer Andrew Vey spoke with Global News about the novel implications of a recent Ontario court decision for sexual harassment complainants. 

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.