Not exact matches
As an advocate for employees we specialize in
cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability claims.
Tom Hanks stars
as a man who is HIV positive, accepting the help of a homophobic lawyer for his
wrongful dismissal case.
As an advocate for employees we specialize in
cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability claims.
In addition to
cases where
wrongful dismissal has been found (especially in labour relations scenarios), reinstatement is authorized under work - related legislation, such
as occupational health and safety and human rights legislation.
Employers may be motivated to settle a
case for
wrongful dismissal for a number of reasons including avoiding a drawn out and costly legal dispute, the potential negative publicity and impact on company moral
as well
as the risk that a court may confirm that the company did wrongfully dismiss their employee.
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.
While there are some dissenting
cases, such
as the decision of Justice Pitt in Webster v Almore Trading & Manufacturing Co, 2010 ONSC 3854, it would be prudent for any lawyer or plaintiff to ensure that their
wrongful dismissal lawsuits are started within two years of notice of termination.
If it is not fair, or if there are grounds for a
wrongful dismissal case, I will evaluate this for you and help you navigate through further legal action
as necessary.
Ernest has over 30 years of experience
as a litigator handling
cases involving Personal Injury, Motor Vehicle Accidents,
Wrongful Dismissal and Family Disputes.
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.
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.
Even though salary continuance is not a legal mechanism for the payment of statutory termination pay, and even though judges will often not order it
as a remedy in a
wrongful dismissal case, that does not necessarily mean that (a) salary continuance is never «legal» or (b) employees may not have to accept it.
He has been lead counsel on a number of precedent - setting
cases and has made his mark in areas
as diverse
as personal injury litigation, medical malpractice, professional discipline,
wrongful dismissal litigation and criminal law.
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.
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.
Punitive damages will only be awarded in a breach of contract
case (such
as a
wrongful dismissal) if there is an independent actionable wrong.
In a
wrongful dismissal action the former employee's loss will include the compensation lost a result of the
dismissal and, in some
cases, mental distress
as a result of the bad faith manner of
dismissal.
Lancaster House,
as part of its contribution to CanLII users of a free e-text on
wrongful dismissal and employment law, is also providing CanLII users with free access to a wide selection of
case summaries and commentaries from their very popular
case alert service.
[15] This is a
wrongful dismissal case, so counsel should by now be familiar with the leading
cases in that area
as well
as any others that are particularly relevant, such
as by virtue of comparable facts.
Instead, he preferred to treat the
case as one of «remoteness» (corrected by Lord Mance to mean «causation») and to rely instead on the limitations on damages on Addis, thereby either treating these
cases as really ones of
wrongful dismissal or extending Addis to cover
cases analogous to that action.
As a very minor quibble, I would not describe the Vriend decision as just a case of wrongful dismissa
As a very minor quibble, I would not describe the Vriend decision
as just a case of wrongful dismissa
as just a
case of
wrongful 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.
As an advocate for employees we specialize in
cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability claims.
As an advocate for employees we specialize in
cases involving
wrongful dismissal, constructive
dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long term disability claims.