Sentences with phrase «cause wrongful dismissal actions»

Without cause wrongful dismissal actions that may not be amendable to a summary judgment motion are actions involving claims for damages for the failure to pay bonuses, commissions, or stock options that involve highly disputed facts.

Not exact matches

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

For those wishing my arguments in favour of recognizing such a cause of action, consider my earlier post: Tort Damages Place in Wrongful Dismissal Cases especially under the heading «Why tort damages are necessary and why you have to prove them.»

A summary judgment motion for wrongful dismissal actions under the simplified rules is appropriate for very straight forward terminations without cause where the evidence is not in dispute.

«If wrongful dismissal is the only cause of action, nothing can be recovered for mental distress or damage to reputation.

In wrongful dismissal claims the cause of action usually arises when the contract was breached — i.e. when the employer dismissed the employee without reasonable notice: Jones v. Friedman, 2006 CanLII 580 (ON CA), 2006 CanLII 580 (ON C.A.), paras. 3 and 4.