Sentences with phrase «wrongful dismissal by»

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.

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

What this means is that the employer imposed a change that made it reasonable for an employee to resign, which for all intents and purposes the courts see as a wrongful dismissal by the employer.

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

The outcome: Matlin, who said he was «shocked» by the board's «political manoeuvre,» filed an $ 11 - million wrongful dismissal suit against the company in September.

And the FA letting him off a wrongful dismissal hock that was ocastrated by referee Mike Dean, will imform the FA that the sending off was wrong in the 1st place.

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

By: Whitten and Lublin Category: Employment Law Advice, In the Media, Severance, 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: Cause for Dismissal, In the Media, Wrongful Dismissal No Comments

Successfully defended a large retailer in a wrongful dismissal action brought by a senior executive.

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

By: Whitten and Lublin Category: Constructive Dismissal, Employment Contracts, Mitigation, Wrongful Dismissal Comments Off on Failure to Mitigate defeats employee's winning claim

By: Whitten and Lublin Category: Cause for Dismissal, In the Media, Social Media, Wrongful Dismissal No Comments

By: Whitten and Lublin Category: Mitigation, Severance Packages, Wrongful Dismissal Comments Off on Sure - fire ways to receive appropriate severance

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

By: Whitten and Lublin Category: Employment Contracts, Mitigation, Wrongful Dismissal Comments Off on Employment contracts

By: Whitten and Lublin Category: Discrimination in the Workplace, Human Rights, In the Media, Severance, 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.

By: Whitten and Lublin Category: Cause for Dismissal, Employment Law Advice, In the Media, Wrongful Dismissal No Comments

By: Whitten and Lublin Category: Mitigation, Reasonable Notice, Resignation, Severance Packages, Wrongful Dismissal Comments Off on The duty to mitigate: working for my former boss!

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.

By: Daniel Lublin Category: Cause for Dismissal, In the Media, Severance, Wrongful Dismissal No Comments

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: Reasonable Notice, Severance Packages, Wrongful Dismissal Comments Off on A recipe for the recently dismissed: 4 sure - fire ways to receive appropriate severance

By: Whitten and Lublin Category: Employment Contracts, Reasonable Notice, Severance Packages, Wrongful Dismissal Comments Off on Employment contract may cause later problem

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

By: Whitten and Lublin Category: Damages for Bad Faith, Mental Distress and Personal Injury, Reasonable Notice, Wrongful Dismissal Comments Off on Calgary stock broker yields poor ROI

The court found Potter was entitled to damages for wrongful dismissal as assessed by the trial judge, with the exception that the pension benefits he has already received are not to be deducted from those damages.

Wrongful dismissal occurs when an employee is dismissed by their employer without reasonable notice.

S.C), an appeal successfully argued by Daniel A. Lublin, an Ontario Superior Court judge overturned a motion judge's finding that Mr. Hayes was unable to sue his former employer, Peer 1 Network, for wrongful dismissal, in an Ontario Court.

For example, in Starcevich v. Woodward's Limited (1991), 37 C.C.E.L. 46 (B.C.S.C.) the employer attempted to place reliance on a severance policy which had been promulgated in 1987 in defending a wrongful dismissal claim by an employee who had commenced employment with that employer in 1983.

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.

An Ontario judge recently punished an employer by ordering it to pay $ 100,000.00 in punitive damages to its former employee in addition to damages for wrongful dismissal.

By: Whitten and Lublin Category: Employment Standards Act, Termination, Wrongful Dismissal No Comments

By: Whitten and Lublin Category: Cause for Dismissal, Termination, Wrongful Dismissal No Comments

By: Whitten and Lublin Category: Employment Law Advice, Termination, Wrongful Dismissal No Comments

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.