In addition to the employee's ESA rights, there may also be a human rights claim — as well
as a wrongful dismissal claim — if the employee was fired or transferred because of taking a pregnancy or parental leave.
Not exact matches
As an advocate for employees we specialize in cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability
claims.
As an advocate for employees we specialize in cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability
claims.
Working primarily
as a litigation lawyer, Mike assists employers with discipline and policy grievances,
claims arising from alleged
wrongful dismissals, discipline and terminations, human rights violations, workers compensation issues, and employment standards complaints.
In
wrongful dismissal claims, the
claim properly lies against the company, not the boss — unless there is some separate liability
as against the individual.
Amy's practice extends into the civil courts where she has represented clients in
claims of discrimination,
wrongful dismissal and matters involving breaches of covenant such
as confidentiality and restraint of trade.
He practises in all areas of labour and employment law, where he provides advice and representation to employers in the public and private sectors on a wide range of issues such
as labour disputes, grievance arbitration, human rights and accommodation matters, and
wrongful dismissal claims.
The defendants brought a motion for summary judgement to have the
claims dismissed
as against the directors and the holding companies on the basis that they were not employers of the plaintiff and therefore have no place in the action for
wrongful dismissal.
The Ontario Human Rights Code specifically permits a plaintiff in a civil action (such
as a
wrongful dismissal case) to attach a
claim for a violation of the Human Rights Code.
The ministry enforces the provincial legislation only, but it does not provide a remedy for common law damages such
as wrongful dismissal, which in this case actually made up the bulk of this person's
claim.
If the matter had been litigated
as a
wrongful / constructive
dismissal claim through the courts, this complainant may have been awarded two to three months wages.
Julie provides her clients with ongoing strategic advice to help manage workplace absence and disability accommodation, and skillful representation in administrative tribunals, including human rights, Workers Compensation and labour arbitration proceedings,
as well
as civil proceedings, including
wrongful and constructive
dismissal claims.
It concluded that «a term that requires active employment when the bonus is paid, without more, is not sufficient to deprive an employee terminated without reasonable notice of a
claim for compensation for the bonus he or she would have received during the notice period,
as part of his or her
wrongful dismissal damages.»
The Year In Review also provides effective strategies to manage workplace harassment via social media, settle WSIB
claims quickly and at minimal cost,
as well
as details on when employers can resist motions for summary judgment in
wrongful dismissal litigation and the most recent legal developments in family status accommodation.
An employee who has experienced the type sexual harassment and assault suffered by the applicants in Presteve Foods may reach the conclusion that the better option is to
claim human rights damages
as part of a
wrongful dismissal action.
However, the law is clear that an employee can not
claim this type of loss
as damages in a
wrongful dismissal claim.
Furthermore, consideration must be made to
claims such
as unfair
dismissal and
wrongful dismissal which a director may seek to
claim against your business.
The Court found that a term in a bonus policy that requires active employment when the bonus is paid, without more, is not sufficient to deprive an employee terminated without reasonable notice of a
claim for compensation for the bonus he or she would have received during the notice period,
as part of his or her
wrongful dismissal damages.
A
wrongful dismissal action (i.e. litigation) in which a plaintiff has
claimed that he or she was constructively dismissed can be broken down
as follows:
This is unlikely if the parties have already entered into a severance agreement (unless the agreement requires the individual make efforts to find new employment
as a condition of future payments), but it can certainly be relevant if the parties have not entered into any kind of agreement and the individual chooses to commence a
claim for
wrongful dismissal.
As before, the takeaway for employers with labour pains is that there are ways to mitigate your exposure to
claims of
wrongful dismissal.
Our civil litigators deal with complex issues in areas such
as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions,
wrongful dismissal actions, and
claims of discrimination, sexual harassment and breach of fiduciary duties.
Assuming that the limitation period for a
wrongful dismissal claim starts running
as of the date that the employment ended
As an advocate for employees we specialize in cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability
claims.
As an advocate for employees we specialize in cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability
claims.