Sentences with phrase «of wrongful dismissal by»

The London Employment Tribunal is today expected to deliver judgment on claims of wrongful dismissal by a banker in the UK who...

Not exact matches

By: Whitten and Lublin Category: Breach of Policy, Cause for Dismissal, Employment Contracts, Employment Law Advice, In the Media, Resignation, Wrongful Dismissal No Comments

If deduction were permitted, an employee who was eligible to receive his or her pension but had not reached 71 years of age could, by means of wrongful dismissal, be forced to retire and draw on his or her pension benefits.

By: Whitten and Lublin Category: Breach of Policy, Cause for Dismissal, Discrimination in the Workplace, Harassment in the Workplace, Human Rights, In the Media, Wrongful Dismissal No Comments

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.

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.

IBM's second argument in the appeal was to rely on the decision in Sylvester v. British Columbia, in which it was held that wrongful dismissal damages should be reduced by the amount of disability benefits paid during the notice period.

While the guarantee pay increases from # 27 to # 28 per day, the minimum basic amount (in cases where a wrongful dismissal occurs, by the virtue of trade union, health, and safety, occupational pension trustee or employee representative reasons) will increase from # 5,970 to # 6,203.

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.

Dan has also developed a diverse practice in all areas of employment litigation, including wrongful dismissal actions, unlawful competition by departed employees, occupational health and safety, human rights, judicial reviews, appeals as well as seeking injunctive relief against unlawful picketing activity.

By: Whitten and Lublin Category: Employment Contracts, Reasonable Notice, Resignation, Severance Packages, Wrongful Dismissal Comments Off on Anything goes in employment contracts — Beware of dangerous terms

Disability and insurance claims, automobile, personal injury, accident claims, class actions, employment law, wrongful dismissal claims, real estate litigation, commercial and shareholder / business disputes, mortgage enforcement, condominium litigation, construction lien and commercial tenancy disputes are examples of the depth and variety of civil litigation matters successfully handled by the lawyers of Landy Marr Kats LLP.

By: Whitten and Lublin Category: Constructive Dismissal, Employment Contracts, Reasonable Notice, Severance Packages, Wrongful Dismissal Comments Off on Court's judgment a sign of the times

Voted one of «Canada's Top 10 Employment & Labour Law Firms» in 2018 by Canadian Lawyer Magazine, our law firm is committed to offering fair, effective representation in cases of wrongful dismissal, sexual harassment and discrimination, employment contracts, non-solicit and non-compete agreements or other such legal issues.

While there is no statutory protection of employees if their conduct is being investigated, employees are protected against wrongful or constructive dismissal by their companies at common law.

The question before the Court is whether his receipt of those pension benefits reduces the damages otherwise payable by IBM for wrongful dismissal.

On this point, consider the «free» Wrongful Dismissal and Employment Law e-text authored and updated by Lancaster House that has, since it was placed on CanLII in May of 2012, consistently attracted thousands of page views each month.

However, the table of sample notice periods produced at page 6 - 40.3 of the Sproat, Wrongful Dismissal Handbook gives a strong indication of the extent to which inducement by the employer is a factor in determining the reasonable notice period.

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.

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.

Given that both wrongful dismissal and constructive dismissal are characterized by employer - imposed termination of the employment contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.

The Court of Appeal noted that the issues in dispute related to wrongful dismissal and negligent misrepresentation, which were not contemplated by the shareholders» agreement.

Can a trial court award aggravated damages to an employee who claims wrongful dismissal absent a finding of actual mental distress being suffered by that employee?

a. the legal enforceability of restrictive covenants; b. the legal parameters relating to wrongful termination, constructive dismissal or other similar concepts affecting an employee's entitlement to severance on termination of employment; c. any special employment laws that apply in connection with a change in control or other type of corporate transaction (e.g., an executive's entitlement to severance or the mechanism by which an executive's employment may transfer to a corporate acquirer); and d. other labour - related laws (such as laws related to unions or works councils) that may affect the employment relationship in a particular jurisdiction.

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.

Represented an Indian pharmaceutical manufacturer in a wrongful death dispute, and obtained a dismissal of all claims by successfully challenging the court's jurisdiction

An employee who dismissal is unlawful continues to have the option of seeking damages for wrongful dismissal by way of a civil action.

Depending always on the facts, remedies can be available to terminated employees by bringing court actions for wrongful dismissal (where generally the length of time employed is a critical factor in assessment of damages); or by employment standards proceedings for unpaid wages3.

The vast majority of wrongful dismissal actions are resolved by voluntary settlements between the employer and employee before reaching trial.

In Saalfeld the court considered a wrongful dismissal appeal and the interpretation of a much stronger limitation clause in a stock option plan than that reviewed by the court in Acuity.

A British Columbia production supervisor has successfully sued his former employer for wrongful dismissal after he was laid off indefinitely, but the BC Supreme Court reduced the worker's damages by half because the worker refused the employer's offer of recall.

By: Whitten and Lublin Category: Cause for Dismissal, Damages for Bad Faith, Mental Distress and Personal Injury, Human Rights and Discrimination, Reasonable Notice, Severance Packages, Unionized Employees & Duty of Fair Representation Complaints, Wrongful Dismissal Comments Off on Wrongful Dismissal not clear cut

There is one potential exemption to this where a PILON is not contractual but it is paid in order to avoid a wrongful dismissal, that is a dismissal in breach of the employment contract by not providing the employee with the right, or any, notice.

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

An employee who has experienced the type sexual harassment and assault suffered by the applicants in Presteve Foods may reach the conclusion that the better option is to claim human rights damages as part of a wrongful dismissal action.

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

By: Whitten and Lublin Category: Constructive Dismissal, Damages for Bad Faith, Mental Distress and Personal Injury, Employment Contracts, Mitigation, Wrongful Dismissal Comments Off on Worse job may be case of constructive Dismissal, Damages for Bad Faith, Mental Distress and Personal Injury, Employment Contracts, Mitigation, Wrongful Dismissal Comments Off on Worse job may be case of constructive Dismissal Comments Off on Worse job may be case of constructive dismissaldismissal

The language used by the trial judge that was rejected by the Supreme Court of Canada in W. Got could have easily been the closing submissions of a lawyer representing a Canadian bank at a wrongful dismissal trial arguing that the bank has cause to terminate the employee.

In the ordinary course of litigation respecting wrongful dismissal, a plaintiff, in offering proof of damages, would lead evidence respecting the loss he claims to have suffered by reason of the 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.

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 employer.

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.

Moreover, the Court of Appeal for Ontario has very recently looked at the issue of punitive damages in the employment law context in two cases, Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), considered by this blog in the post Wal - Mart Rolls Back Award of Punitive Damages and Pate Estate v. Galway - Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal Damages Carry Punitive Elements: ONCA.

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.

The first is that this must actually be established by evidence — the test is what the employer would have done, not the (wrongful dismissal) test of what the employer could have done to lessen liability.

It also brings me back to the main point of this note by calling into question the wisdom, and necessity, of addressing family law disputes through the same legal process that handles wrongful dismissals and real property disputes.

In the course of a wrongful dismissal suit by an individual against the respondent University, the University asserted solicitor - client privilege over certain material.

Structured in textbook format and organized by subject matter and issue, this online publication provides subscribers with quick access to Lancaster's extensive collection of wrongful dismissal and employment law - related eNewsletters, Newsletters and cases, supplemented by up - to - date commentary and analysis of the law.

Peter is the lead author of Lancaster House's eText on Wrongful Dismissal and Employment Law, published by Lancaster House and CanLII, and a co-author along with Jeffrey Sack, Q.C., of Lancaster House's Collective Agreements in Canada: Law and Language.

It was highly doubtful that the court would allow an award of $ 1,000,000 to stand given the court's recent decision in Pate Estate v. Galway - Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal Damages Carry Punitive Elements: ONCA.