Sentences with phrase «employer in a wrongful dismissal action»

We were asked to research whether there was any chance of success against an employee acting on behalf of the defendant employer in a wrongful dismissal action.

Not exact matches

We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

In a wrongful dismissal action a breach by the employer of its contractual duty of good faith and fair dealing can be classified as an actionable wrong that may entitle the dismissed employee to an award of punitive damages.

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.

The Superior Court of Justice ruled on the issue of common - employers and personal liability of directors in the context of a wrongful dismissal action.

Ryan Newell discusses the first case in which a court has ordered an employer to pay damages for a Human Rights Code violation in the context of a wrongful dismissal action.

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.

In order to minimize the risk of a wrongful dismissal action following a resignation, employers should ensure that the employee's resignation is «clear and unequivocal».

If the employer has not provided the employee with sufficient notice of dismissal or pay in lieu of notice of dismissal the only leverage the dismissed employee has to negotiate a fair severance package is to commence a wrongful dismissal action.

In a wrongful dismissal action the former employee will ask the court to order his or her former employer to award damages (e.g. an award of money) for the employer's failure to provide proper notice of dismissal.

Employment law (unreported): Defended an employer in a Provincial Court action brought by a former employee seeking damages for wrongful dismissal and elevated damages due to the manner of termination.

Mark practices in all areas of workplace law, advising and representing employers on issues involving discipline and discharge, wrongful dismissal actions, occupational health and safety, human rights, and workers compensation matters.

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.