Sentences with phrase «many wrongful dismissal cases»

Tom Hanks stars as a man who is HIV positive, accepting the help of a homophobic lawyer for his wrongful dismissal case.

An Ontario court has compelled an employer to produce an email message between HR staff and counsel in the wrongful dismissal case of Jacobson v Atlas Copco Canada Inc..

In general, though, the earnings that the dismissed employee makes in new employment are deducted from what one would have otherwise received in his wrongful dismissal case.

Dear Simone Ostrowski - Words can not describe how grateful I am to you and Whitten & Lublin for taking on my wrongful dismissal case.

If you have been let go by your employer and are looking for legal assistance with your wrongful dismissal case, the professional, experienced and cost - effective employment lawyers for employees at Ottawa's Kelly Santini LLP would be happy to be of service to you.

The one - time executive director of the New Brunswick Legal Aid Services Commission has failed in a wrongful dismissal case against his former employers.

Practitioners have been advising clients about the practical effects of choosing between a wrongful dismissal case in the county court and an unfair dismissal case in the tribunal for many years.

Employment lawyers will recognise this principle expressed in the rule governing the award of damages in wrongful dismissal cases set out in Gunton.

Lindsay's employment litigation practice focuses on wrongful dismissal cases and human rights in the workplace.

This simple principle is the foundation of all wrongful dismissal cases.

One final, but very important point must be made before leaving this section: with very few exceptions (considered below) even though wrongful dismissal cases are exclusively about money, a dismissed employee does not get money simply because his or her employment was terminated without any good reason.

(* This option is available for estate litigation, personal injury and wrongful dismissal cases.

A good starting point for this discussion is to explain what wrongful dismissal cases in Ontario are and are not about.

In this wrongful dismissal case the plaintiff sued no fewer than a dozen defendants (Tony Graham Lexus Toyota; Graham Automotives Sales Inc.; Tony Graham Motors (1980) Limited; Tony Graham Kanata Limited; Tony Graham Motors Limited; 1618507 Ontario Limited; 1180632 Ontario Limited; 1180633 Ontario Limited; 1514532 Ontario Limited; 1618508 Ontario Limited; Maureen Graham and Elizabeth Graham.)

The vast majority of claims for punitive damages in wrongful dismissal cases in Canada are dismissed.

If you are an individual looking for assistance with respect to your wrongful dismissal case, the professional, experienced and cost - effective employment lawyers for employees at Ottawa's Kelly Santini LLP would be happy to be of service to you.

Punitive damage awards in other wrongful dismissal cases have been far more modest even in the face of serious misconduct such as slander of the employee.

Consider consulting the lawyers at Whitten and Lublin for an expert assessment of your wrongful dismissal case and severance entitlement.

If it is not fair, or if there are grounds for a wrongful dismissal case, I will evaluate this for you and help you navigate through further legal action as necessary.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal case.

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.»

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.

In this wrongful dismissal case, the employer defended its decision to terminate Mr. S, the plaintiff - employee, by relying on the findings -LSB-...]

If you would like assistance with your wrongful dismissal case, the professional, experienced and cost - effective employment lawyers for employees at Ottawa's Kelly Santini LLP would be happy to be of service to you.

The court's decision - that employees can not sue for an employer's negligent infliction of mental suffering - has previously been considered in the post Tort Damages Place in Wrongful Dismissal Cases.

These people are eligible to pursue a wrongful dismissal case against their employer if they wish.

Wrongful dismissal cases just got more expensive for employers.

That implied term forms the foundation of every wrongful dismissal case and requires the employer, in the absence of just cause, to provide advance notice of termination.

Even though salary continuance is not a legal mechanism for the payment of statutory termination pay, and even though judges will often not order it as a remedy in a wrongful dismissal case, that does not necessarily mean that (a) salary continuance is never «legal» or (b) employees may not have to accept it.

That said, the courts often emphasize an employee's length of service when deciding wrongful dismissal cases.

Note, however, the vast majority of wrongful dismissal cases are settled voluntarily between the employee and employer prior to the claim ever reaching trial.

But instead of relying solely on matching cases, the tool now examines hundreds of Canadian wrongful dismissal cases where the Bardal Factors have been considered to statistically derive a meaningful prediction and forecasted range of probable results.

While the Fair case is reportedly still under appeal, signalling that this case is likely fair from over, if the decision stands it will undoubtedly change most employee's approach to wrongful dismissal cases.

Although the four Bardal factors are to be considered in all wrongful dismissal cases, there are numerous other factors that might impact the length of the notice period.

The cost endorsement in Tossonian v. Cynphany Diamonds, 2015 ONSC 766 is an example of an employer with a good wrongful dismissal case ultimately shooting itself in the foot as a result of the litigation tactics it employed.

Wrongful dismissal cases often involve disputes as to whether the employee's entitlement to notice of dismissal is limited to that set out in the termination clause or if the former employee is entitled to significantly greater entitlements because the termination clause has breached the ESA and therefore the employee is entitled to reasonable notice of dismissal.

To fail to take into account the adverse tax consequences occasioned by a change in the timing of their receipt would be to restrict a person from realizing the full benefit of the damages awarded in a wrongful dismissal case.

He also mediates wrongful dismissal cases at the Ontario roster rates.

For my thoughts upon that issue, I would direct readers to the post Tort Damages Place in Wrongful Dismissal Cases.

Alexandra Tratnik discusses human rights damages in wrongful dismissal cases at Devry Smith Frank LLP's HR / Employment seminar on October 10, 2014.

Previously, I discussed wrongful dismissal cases.

Recently, there has been a fair amount of commentary in the employment law world about the Supreme Court of Canada's decision in Hryniak v. Mauldin, 2014 SCC 7 (CanLII) being a watershed moment for the disposition of wrongful dismissal cases.

Our Employment Litigation lawyers represent employers in the enforcement of non-competition and trade secrets agreements, discrimination and harassment claims, wrongful dismissal cases and related mediation processes.

This was set at $ 500,000 — an amount five times more than the last major punitive award given to Wal - Mart in a wrongful dismissal case (that of Boucher v. Wal - Mart Canada Corp, 2014 ONCA 419).

[15] This is a wrongful dismissal case, so counsel should by now be familiar with the leading cases in that area as well as any others that are particularly relevant, such as by virtue of comparable facts.

For the moment, therefore it appears reasonably safe to assume that the extension should continue to apply in a wrongful dismissal case.

In a recent decision from the Ontario Superior Court in Ottawa, Goulding v. Street Motor Sales, 2013 ONSC 1904 (CanLII), the Honourable Justice Robert N. Beaudoin held that notwithstanding the plaintiff's success in his wrongful dismissal case, because he brought the case in the wrong court, he would have to pay the losing side's costs.

(vi) The position of the «Gunton extension» in a wrongful dismissal case is not regularised in the judgments.

Courts in Canada generally do not have the ability to order reinstatement as a remedy in a civil wrongful dismissal case unless otherwise provided for by statute.

Discussion: This wrongful dismissal case was unusual in that the employer, rather than the employee, attempted to benefit by establishing that a constructive dismissal had taken place.