The Employment Contract

A written employment contract can be an important issue in the employment relationship. There are a number of factors to consider whether this agreement is enforceable. It should not be presumed that the words on the paper are conclusive in determining your rights as an employee. The Contract May Limit a Termination Claim Often, an […]

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Employee Sues for Hiring of Past Sexual Abuser

Employee Fired Due to Hiring of Past Sexual Abuser The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual […]

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The Importance of Mitigation

It is absolutely essential for terminated employees to mitigate their damages and document their job search following their dismissal.  A recent decision illustrates the expensive consequences for not complying with the obligation of mitigation. Background The employee in question was a Senior Customer Service Agent who was 45 years old and had been with the […]

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Ontario Court: “Age is an Impediment” for Older Employees after Termination

In its recent decision in Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24 months’ notice to a 60-year-old employee following her termination. This decision illustrates the factors that courts will consider when determining what an appropriate notice period is for a longer service, older employee, and explicitly recognizes such individuals may […]

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