Sentences with phrase «wrongful dismissal cases»

The problem with the $ 25,000 monetary limit in wrongful dismissal cases is that judges have a great deal of discretion when deciding a plaintiff's entitlement to reasonable notice of dismissal.
Note, however, the vast majority of wrongful dismissal cases are settled voluntarily between the employee and employer prior to the claim ever reaching trial.
That said, the courts often emphasize an employee's length of service when deciding wrongful dismissal cases.
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.
Greg is described as an employment litigator who «has represented clients in wrongful dismissal cases as well as matters relating to workplace human rights.»
He also mediates wrongful dismissal cases at the Ontario roster rates.
Alexandra Tratnik discusses human rights damages in wrongful dismissal cases at Devry Smith Frank LLP's HR / Employment seminar on October 10, 2014.
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.
The change will have little impact on other actions, like wrongful dismissal cases, where the trend is to hold mediation before, or shortly after, the close of pleadings (or even before the issuance of a Statement of Claim).
This presentation will discuss important topics related to the hiring and termination of employees in the non-union context, as well as recent developments in wrongful dismissal case law.
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.
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.
A good starting point for this discussion is to explain what wrongful dismissal cases in Ontario are and are not about.
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.
Home Depot's defence of Tong's wrongful dismissal case quickly unravelled.
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.»
Like many wrongful dismissal cases, Paquette concerned an application by the dismissed employee for a greater amount of reasonable notice of termination.
Given the delays inherent in the system, and given the potential for reinstatement together with back pay, employees are keen to attempt to obtain those remedies rather than simply accept a reasonable notice period as is prescribed under typical wrongful dismissal cases.
She was lead counsel in the controversial wrongful dismissal case Bland v. Canadian Farm Insurance Services Inc., 2012 ONSC 3021 (CanLII) as well as Jiwan v. Money Express POS Solutions Inc., 2012 O.J. No. 1616, an important case clarifying the law regarding pleading offers to settle.
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.
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.
Toronto About Blog A blog about employment and labour law with a focus on Ontario and Canadian wrongful dismissal cases, legislation and commentary.
Employers, on the other hand, crave cost certainty, says Rose, who is a lawyer to employers, employees and also a mediator of wrongful dismissal cases — and in all capacities, deals with the finer points of employment contract termination clauses.
The vast majority of claims for punitive damages in wrongful dismissal cases in Canada are dismissed.
Tom Hanks stars as a man who is HIV positive, accepting the help of a homophobic lawyer for his wrongful dismissal case.
Toronto About Blog A blog about employment and labour law with a focus on Ontario and Canadian wrongful dismissal cases, legislation and commentary.
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..
Wrongful dismissal cases can be complicated and while lawyers are typically not free, winning is better than not winning and ending up with nothing is a lot better than ending up with a court order against you in the amount of $ 8,000.
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.
Wrongful dismissal cases «can be more expedited and efficient because it's an administrative process» created by the just cause requirement in the legislation, he says.
A blog about employment and labour law with a focus on Ontario and Canadian wrongful dismissal cases, legislation and commentary.
This simple principle is the foundation of all wrongful dismissal cases.
An employee was terminated without cause after three years and the key issue in this wrongful dismissal case was whether the employee was entitled to payments from a long - term incentive plan («LTIP») which would not vest until after the fourth year, given the fact that the plan clearly stated that active employment was a condition of the LTIP entitlements.
(* This option is available for estate litigation, personal injury and wrongful dismissal cases.
Generally, income that is earned by an employee after he or she is terminated from employment during a reasonable notice period is deducted from any award of damages in a wrongful dismissal case.
A lawyer in British Columbia has lost his wrongful dismissal case against a law firm that fired him for insubordination.
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.)
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.
Consider consulting the lawyers at Whitten and Lublin for an expert assessment of your wrongful dismissal case and severance entitlement.
The focus of the wrongful dismissal case is the determination of the «reasonable notice» period.
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