Not exact matches
Working primarily as a litigation lawyer, Mike assists employers with discipline and policy grievances, claims
arising from alleged
wrongful dismissals, discipline and terminations, human rights violations, workers compensation issues, and employment standards complaints.
This is because the law implies a number of favourable terms designed to defend them, such as the requirement not to change the terms of their job, from which constructive
dismissal arises; the prohibition against
dismissal without fair notice, which is otherwise a
wrongful dismissal; and the ability to work for competitors and solicit clients following departure.
1 This appeal
arises out of a
wrongful dismissal action.
Obtained, on behalf of a major engine manufacturer, federal court
dismissal in a
wrongful death lawsuit of claims that
arose out of a crash of a MD600N helicopter in Turkey that resulted in the deaths of three passengers.
Estimated past and future loss of business and employment income
arising from breach of contract and fiduciary duty, defective equipment and supplies, human - rights violation, medical malpractice, personal injury, pollution,
wrongful death (survivors» losses), and
wrongful dismissal — and related contingencies and allowances.
Accordingly, the employer was jointly and severally liable for damages
arising from the direct supervisor's conduct, as well as being liable for
wrongful dismissal damages.
The Court of Appeal awarded bonus payments to Mr. Paquette, and in so doing confirmed that the basic principle in awarding damages for
wrongful dismissal is that «the employee is entitled to compensation for all losses
arising from the employer's breach of contract in failing to give proper notice.»
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 basic principle in awarding damages for
wrongful dismissal is that the terminated employee is entitled to compensation for all losses
arising from the employer's breach of contract in failing to give proper notice.
Joseph is experienced in pursuing and defending a wide range of litigation matters that may
arise in the lifetime of a condominium corporation including construction liens, defamation and slander lawsuits, contentious requisition meetings,
wrongful dismissal claims and insurance matters.
Yes, the theoretical underpinning of the two damages are different —
wrongful dismissal damages
arise out of contract (an implied term in the employment contract), whereas human rights lost wage damages are compensatory.
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.
The appeal
arose from proceedings in the High Court for breach of contract and
wrongful dismissal.
Focuses on issues
arising from the workplace, including
wrongful dismissal; human rights and accommodation; occupational health and safety; parental leave; restrictive covenants and workplace privacy.