She explains that in employment disputes where there is no signed agreement, case law tends to lean
in favour of employees, not employers.
By: Whitten and Lublin Category: Employment Contracts, Reasonable Notice, Severance Packages, Wrongful Dismissal Comments Off on Court rules in
favour of employee induced to leave her job — Promises of «dream team» lead to additional damages
on Court rules
in favour of employee induced to leave her job — Promises of «dream team» lead to additional damages
Finally, someone — a mother, no less — had said what they had been thinking: that perhaps the pendulum had swung too far in
favour of the employee.
Moves to make employers more accountable and give crowd workers more benefits are helping shift the balance in
favour of the employees.
The Court also specifically noted that uncertainty in employment law ought to be resolved in
favour of the employee and that, at best, the wording of the termination clause was ambiguous.
One case of a «false promise» suit from an employee to an employer can be seen in the «Toy Yoda» suit, which was settled out of court in
favour of the employee.
A labour adjudicator appointed under the Canada Labour Code concluded that the Code only permits dismissal for cause, ruling in
favour of the employee.
However, the Court still noted that a high degree of clarity is required and that if the required clarity in the termination clause is absent, ambiguities would be interpreted in
favour of the employee.
In the past month, the Ontario Superior Court and Ontario Court of Appeal have released two decisions that have continued the recent trend of overturning termination agreements in
favour of the employee.
In rendering its decision, the Court echoed the earlier sentiments put forth in Wood, indicating that when ambiguity exists in the interpretation of a termination clause, the Courts should rule in
favour of the employee.
However, the courts will interpret the language used in any limitation clause in
favour of the employee and will only limit the employee's common law rights if the limiting language used is clear and unambiguous.
The following recent dress - code related cases have ruled in
favour of the employee:
The Court found that the word «pay» was ambiguous, and that ambiguity in an employment contract had to be resolved in
favour of the employee.
The lessons of this case are that health questionnaires need to be drawn up carefully, because any ambiguities are likely to be resolved in
favour of the employee.
This finding could support a damages claim in
favour of the employee.
The Supreme Court ruled in
favour of the employee, taking a position opposite to a similar New York case from a few years ago in Scott v Beth Israel Med.
Wrongful dismissal — Today's labour laws appear to be structured in
favour of the employee.