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Searching Content indexed under Unfair/ Wrongful Dismissal by Minden Gross LLP ordered by Published Date Descending.
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Irvin Schein's Blog: When Should An Employer Require An Employee To Obtain ILA?
In this case, the Plaintiff entered into an employment agreement with O.E. Canada Inc. which included, as part of his remuneration...
Canada
27 Jun 2017
2
Termination For Cause: How Serious Does The Transgression Have To Be?
The recent case of Sinnathamby v. The Chesterfield Shop Limited (case and endorsement) provides a useful reminder of the very high threshold to be met by an employer terminating for just cause.
Canada
30 Jan 2017
3
Wrongful Dismissal: When Will A Refusal To Return To Work Constitute A Failure To Mitigate?
The recent Ontario Superior Court decision of Fillmore v. Hercules SLR Inc. provides a useful summary of the current state of the law on offers of re-employment and a duty to mitigate.
Canada
23 Sep 2016
4
Wrongful Dismissal Cases: When Can Members of Management be Sued Personally?
The idea of adding members of management as defendants in wrongful dismissal cases against corporate employers is not a new one.
Canada
23 May 2016
5
Wrongful Dismissal On Summary Judgments: What If Judgment Is Rendered Before The Notice Period Expires?
The new judicial policy promoting summary judgment motions as a way of disposing of law suits, rather than trials, has become all the rage in lawful dismissal litigation.
Canada
17 Feb 2016
6
When Can An Employment Agreement Be Voided for Duress?
The recent decision of the Ontario Superior Court in Riskie v. Sony of Canada Ltd. provides a useful reminder of the way in which the court will deal with an employment agreement where the employee later complains that he executed the agreement under duress.
Canada
16 Oct 2015
7
Wrongful Dismissal And Mitigation: Can A Fired Worker Start His Own Business?
The recent case of Leeming v. IBM Canada Ltd. includes a useful review of the law relating to mitigation of damages in the context of wrongful dismissal.
Canada
7 Apr 2015
8
Just Cause For Termination Of Employment: Can The Pendulum Swing Any Further?"
The recent case of Fernandes v. Peel Educational & Tutorial Services Limited provides a useful insight into an issue which has had employers gnashing their teeth for years.
Canada
18 Nov 2014
9
Termination Provisions In Employment Contracts Are Not Always Enforceable
The recent decision in Miller v. A.B.M. Canada Inc. provides a useful lesson on the extent to which one can rely on the termination provisions in an employment contract.
Canada
21 Jul 2014
10
The Latest On Punitive Damages In Wrongful Dismissal Cases
The recent decision of the Ontario Court of Appeal in The Estate of Pate v. The Corporation of the Township of Galway-Cavendish and Harvey provides interesting insights into the current state of the law on awards of punitive damages in wrongful dismissal cases.
Canada
7 Feb 2014
11
Irvin Schein Blogged, "Drunk Driving And Just Cause For Dismissal"
Employees sometimes conduct themselves in an outrageous manner, get fired, and insist that what they did was nowhere even close to just cause for termination. Remarkably, sometimes they succeed and the employer has to pay damages for wrongful dismissal.
Canada
15 Oct 2013
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