Sentences with phrase «of claims for wrongful dismissal»

There are a large number of claims for wrongful dismissal, loss of disability benefits and other employment related disputes in Ontario courts.

Represented a global employer in a motion seeking a stay or dismissal on jurisdictional grounds of a claim for wrongful dismissal and gender discrimination.

Not exact matches

The employee commenced a civil action for wrongful dismissal, claiming aggravated and punitive damages and damages for intentional infliction of mental shock.

The Plaintiff's original claim was for wrongful dismissal claiming damages equal to 6 months» salary, the term of her probationary contract.

If you are an employer and find yourself on the wrong end of a wrongful dismissal claim, the professional, experienced and cost - effective employment lawyers for employers at Ottawa's Kelly Santini LLP would be happy to be of service to your business or organization.

Given that the Court expressed its opinion that damages for a breach of the new tort not exceed $ 20,000 in most circumstances, employers will most likely see employees adding an alleged breach of privacy in applicable wrongful dismissal claims where litigation costs are already being expended.

Employers are often taken aback by the contents of Statements of Claim alleging wrongful dismissal, which typically contain a laundry list of demands for various amounts of money based on different allegations.

After careful analysis of the claim, Justice Perell decided not to exclude group 1 because although they could not pursue damages for wrongful dismissal, they were free to advance claims for the other aspect of the class action suit.

This means that with an asset transfer, each of the employees may be considered dismissed by the vendor, and the vendor would be liable for any claims of wrongful dismissal.

If the purchaser later decides to terminate some of the employees the purchaser would be responsible for any claims of wrongful dismissal.

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

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 ET found that it did not have jurisdiction to consider the claims for unfair dismissal, wrongful dismissal, entitlement to pay during medical suspension and failure to provide particulars of employment.

Mr. Fernback sued for wrongful dismissal, claiming that his employment had been terminated without cause and that he was entitled to a notice period in the range of 12 to 18 months.

Doyle commenced an action for wrongful dismissal and claimed damages for the intentional infliction of mental distress against the AGM personally.

David has acted for a wide range of clients, with appearances in the High Court, Employment Tribunal, Employment Appeal Tribunal, Court of Appeal and House of Lords, on matters which include wrongful dismissal, bonus and share claims, restrictive covenants and confidential information, whistleblowing, TUPE, all forms of discrimination and the Working Time Regulations.

Mr. Papp subsequently brought a claim against Stokes for wrongful dismissal, where he sought: (a) $ 65,000 in damages for wrongful dismissal; (b) $ 500,000 in damages for defamation; (c) $ 200,000 in punitive, exemplary and aggravated damages; and (d) $ 30,000 in damages for intentional infliction of mental suffering.

The plaintiff claims $ 25,000 for damages for wrongful dismissal and breach of the employment contract.

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.

Because statutory minimums do not usually satisfy the definition of reasonable notice, the amount of notice could form the basis for a wrongful dismissal claim.

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 your condominium corporation is considering terminating its employment relationship with a superintendent, the board of directors should obtain professional advice on the proper methods for doing so, including best practices for conducting a termination meeting, the law regarding termination pay and notice requirements, and how to best protect the condominium corporation from a wrongful dismissal or human rights claim by the terminated employee.

Our broad range of knowledge also allows us to ensure that any claim you may have for unfair or wrongful dismissal is considered and followed through.

No amount of brilliant new legal arguments about race, gender or justice help the person who can not afford a lawyer to argue for child support, or a wrongful dismissal, or a sexual harassment claim.

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.»

This has created 100,000 s of claims each year, often for wrongful dismissal.

Failure to provide adequate notice or pay in lieu of notice could result in a claim for wrongful dismissal by the employee.

Employers are often taken aback by the contents of Statements of Claim alleging wrongful dismissal, which typically contain a laundry list of demands for various amounts of money

She claimed damages against both her employer and her supervisor, Mr. Morris, for damages arising from her wrongful dismissal, a series of sexual assaults, and sexual and racial harassment.

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.

For example, a claim for discrimination in the workplace is not limited to being heard by the Human Rights Tribunal of Ontario (the «Tribunal») if the employee also has a wrongful dismissal or tort claim against his or her former employFor example, a claim for discrimination in the workplace is not limited to being heard by the Human Rights Tribunal of Ontario (the «Tribunal») if the employee also has a wrongful dismissal or tort claim against his or her former employfor discrimination in the workplace is not limited to being heard by the Human Rights Tribunal of Ontario (the «Tribunal») if the employee also has a wrongful dismissal or tort claim against his or her former employer.

He represented the former MD of a luxury performance sports car manufacturer in his High Court claim for wrongful constructive dismissal, obtaining summary judgment and a # 1m interim payment before pursuing his entitlement to shares.

Damages for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect of the period after the date of termination of employment can not amount to «wages» but rather is a payment by the employer on account of the employee's claim for damages for breach of contract.

Wiens also filed a wrongful dismissal claim against the employer, arguing that she was constructively dismissed after being temporarily laid off but then recalled on a day - to - day basis for an unknown period of time that was longer than the allowed 13 weeks.

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.

Assuming that the limitation period for a wrongful dismissal claim starts running as of the date that the employment ended

It established that an employee may be dismissed summarily for gross misconduct, and critically that an employer can defend a claim for wrongful dismissal by reliance on facts not known at the time of dismissal.

Accordingly, there is at least an argument that the limitation period for wrongful dismissal claims may not start to run until the employee discovers or ought to have discovered that he or she had not received adequate notice of termination or pay in lieu of notice.

Being that the law regarding limitation periods for wrongful dismissal claims is unsettled, lawyers should of course ensure that wrongful dismissal claims are brought within two years of notice of termination.

However Musoni, who represented himself, later claimed $ 70,000 in damages for wrongful dismissal based on alleged wrongdoing by his employer during the course of his time at the company.

• «Accessing Pornographic Material and Violating Code of Conduct Sufficient Evidence for Summary Judgment of Wrongful Dismissal Claim ``, The Employer's Voice, September 2009

The Plaintiff brought a claim for wrongful dismissal and further alleged the termination of her employment to have been discriminatory.

Dean has acted for respondent employers, LLP members and employees on injunctions, restrictive covenants, team moves, partnership disputes, wrongful dismissal, breach of contract, discrimination and whistleblowing claims.