At the end of a typical employment relationship, it is not uncommon for the parties to disagree over the amount of “reasonable notice” (or pay in lieu of notice) that the employer is required to give to the employee under common law. However, in situations where an organization has retained an individual as a contractor
Setting a new “high-water mark” for damages in constructive dismissal cases in Ontario, a jury in Windsor, Ontario has awarded a former Walmart employee $1.46 million in damages, after finding that she was constructively dismissed. In delivering its verdict on October 10, 2012, the jury concluded that the employee had suffered abusive treatment, including mental
According to the Supreme Court of Canada, it may be necessary for a dismissed employee to mitigate his or her damages by returning to work for the same employer. In a case released just yesterday, the Supreme Court of Canada has added a new and interesting element to the mix of termination options for employers.
Today, the Supreme Court of Canada heard submissions in what is arguably the most important employment law case in over a decade, Honda v. Keays. At issue are the legal consequences of firing an employee with a disability – in this case chronic fatigue syndrome. As part of the company’s disability management program, Honda required