How Will Courts Handle Wrongful Dismissal in Light of COVID-19?

Wrongful dismissal claims are based on an implied term that an employer must provide “reasonable notice” to a terminated employee in the absence of just cause. The law uses a fiction of pretending that each party asked themselves the question of “what would be fair if the employer terminated without cause?” upon the commencement of […]

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Notice Awards Moving Up

General Rules The fundamental guidelines for determining an award of “reasonable notice” or wrongful dismissal damage awards have been in place for many years. There is not a fixed set of factors as there exist many unexpected nuances, but the basics may be fairly stated to be: The character of the employment; The length of […]

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Ontario Court Sets High Side Severance Award

Reasonable Notice The assessment of what is a fair period of notice to which an employee is entitled on termination remains a form of black magic, as opposed to a science. The general view of the high side award, given long term employment, a senior position and an older employee had been considered in the […]

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Mass Terminations and Notice of Termination

The Basic Rule Ontario employment law starts from a basic proposition, one which is implied into every employment relationship, absent a written agreement to the contrary. That implied term forms the foundation of every wrongful dismissal case and requires the employer, in the absence of just cause, to provide advance notice of termination. It is […]

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