Sentences with phrase «wrongful dismissal if»

Generally, workers are only entitled to damages (money) for wrongful dismissal if they are fired without notice and the employer does not have a good reason to fire them.

To give an even more bizarre example, it is not a wrongful dismissal if an employee has been dismissed because a manager became angry after learning that the employee showed up to work wearing the same shoes as the manager.

If you decide not to carry out your employer's latest new idea, and you are fired, can you successfully sue for wrongful dismissal if you can demonstrate to the Court that your employer's new idea was not going to work?

Despite the fact that section 97 of the Employment Standards Act (ESA) specifies that an employee who files a complaint with the MOL for unpaid termination and severance pay under the ESA can not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same matter, 236 of the class members who had filed a complaint under the ESA had joined the class action suit.

Not exact matches

Constructive unfair and / or wrongful dismissal would be if the school's failure to protect the teacher from abuse amounts to a fundamental breach of contract and the teacher resigns in response.

If the employer dismisses the employee without giving the statutory (or contractual) minimum notice, the employer could be sued for breach of contract or «wrongful dismissal».

If you're going to publish about wrongful dismissal in New York State, then your publication should strive to be the comprehensive, unquestioned, nobody - else - is - close authority on the subject.

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.

If you have a workplace legal dispute in Waterloo or Kitchener, from wrongful and constructive dismissal claims to employment contracts, call Whitten & Lublin - Employment Lawyers.

Therefore, if your employer unreasonably refuses to give time off when you are entitled to it, or subjects you to a detriment (like a disciplinary action or wrongful dismissal) for taking time off for dependants, employment law allows you to make an employment tribunal claim.

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.

If you are an employer and find yourself on the wrong end of a wrongful dismissal claim, the professional, experienced and cost - effective employment lawyers for employers at Ottawa's Kelly Santini LLP would be happy to be of service to your business or organization.

If you are concerned about your rights being violated in the workplace or about whether you were given a fair deal in a recent wrongful dismissal or severance package, an experienced employment lawyer like Peter A. McSherry can help you understand your rights.

In addition to the employee's ESA rights, there may also be a human rights claim — as well as a wrongful dismissal claim — if the employee was fired or transferred because of taking a pregnancy or parental leave.

If you have concerns about a recent wrongful dismissal, any form of discrimination, breach of a contract or non-payment of a severance package, contact me immediately.

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.

If the employer fails to provide sufficient evidence, the dismissal may be considered wrongful and the employer may be liable to pay damages.

Even where the employer has met these statutory minimums, the dismissal could still be considered wrongful if the notice provided is not reasonable in accordance with notice requirements at common law.

If the purchaser later decides to terminate some of the employees the purchaser would be responsible for any claims of wrongful dismissal.

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.

, pursuant to section 45 of the law governing EI, if someone receives EI and then is later awarded wrongful dismissal damages, the wrongfully dismissed employee must legally repay EI a portion of what is awarded as wrongful dismissal damages.

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 necessarIf 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 necessarif there are grounds for a wrongful dismissal case, I will evaluate this for you and help you navigate through further legal action as necessary.

Would an appropriate remedy under human rights legislation be reinstatement, or just the damages that she should have got under «pure» employment law, if that law had a general concept of wrongful dismissal?

After most complaints are made, the ministry mails the claimant a standard form letter explaining that if the complaint is not withdrawn within two weeks, the claimant will not be able to file a wrongful dismissal claim.

From an employer's perspective, an employee who is working elsewhere has less incentive to bring or maintain a claim for wrongful dismissal, particularly if the salary is the same (or better).

Speak with an employment lawyer before making any final decisions as to (a) whether to sue for wrongful dismissal and (b) if so, where.

If you have any questions about damages for wrongful dismissal, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.

If a group claim for unpaid overtime doesn't have enough commonality to gain certification, then group wrongful dismissal claims will surely be dismissed.

If you would like 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.

These people are eligible to pursue a wrongful dismissal case against their employer if they wish.

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.

If you suspect that your firing violated your rights, you should make learning about wrongful dismissal and termination without cause a priority.

If you are an employee you can get advice on redundancy and unfair or wrongful dismissal.

If you find that this type of harassment leads to refusal of a promotion or pay rise, rejection of a job application despite being fully qualified, or a wrongful dismissal then you should contact a Kansas City harassment attorney.

These clients want to know if they will be able to successfully sue their employer for wrongful dismissal / wrongful termination if they are fired after refusing to carry out their employer's directions.

If the matter had been litigated as a wrongful / constructive dismissal claim through the courts, this complainant may have been awarded two to three months wages.

This decision affirms that, in general, an employer is not entitled to deduct a benefit from wrongful dismissal damages if it is not an indemnity for the loss caused by the breach and the employee has contributed in order to obtain entitlement to it.

If you are a worker in Ontario and are looking for advice on whether you may have a case for wrongful dismissal and if so, how to deal with the same, the professional, experienced and cost - effective employment lawyers for employees at Ottawa's Kelly Santini LLP would be happy to be of service to yoIf you are a worker in Ontario and are looking for advice on whether you may have a case for wrongful dismissal and if so, how to deal with the same, the professional, experienced and cost - effective employment lawyers for employees at Ottawa's Kelly Santini LLP would be happy to be of service to yoif so, how to deal with the same, 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.

If an employer does not properly provide an employee a chance to rehabilitate his or her job performance and elects to terminate the employee, the employer may expose itself to a wrongful dismissal claim from the employee.

When CMC ended the relationship, TVC sued for damages for wrongful dismissal of Mr. Fernback, which were only available if Mr. Fernback was an employee.

Generally, if an employee voluntarily resigns from his or her employment, the employee can not bring an action for wrongful dismissal.

If this is the case the former employee has the right to commence a wrongful dismissal action and ask the court to order the employer to pay damages for failing to provide proper notice.

While the Fair case is reportedly still under appeal, signalling that this case is likely fair from over, if the decision stands it will undoubtedly change most employee's approach to wrongful dismissal cases.

If the employer has not provided the employee with sufficient notice of dismissal or pay in lieu of notice of dismissal the only leverage the dismissed employee has to negotiate a fair severance package is to commence a wrongful dismissal action.

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.

If the employee fails to return to work the employer will be able to argue, potentially successfully, that the employee failed to mitigate his or her damages and therefore should not be entitled to wrongful dismissal damages.

Punitive damages will only be awarded in a breach of contract case (such as a wrongful dismissal) if there is an independent actionable wrong.

That said, there are circumstances when a dismissed employee may be able to successfully claim wrongful dismissal damages from a corporate director if his or her corporate employer does not have sufficient funds to pay a wrongful dismissal award.

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.

«If wrongful dismissal is the only cause of action, nothing can be recovered for mental distress or damage to reputation.