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Serious insight for serious situations.

Serious insight for serious situations.

To mitigate or not to mitigate? That is the question

Often times in a constructive dismissal situation where an employee is demoted, the affected employee will have to decide whether or not they are required to accept the demoted position in order to mitigate any damages that they seek arising from the constructive dismissal. In the recent case of Dunstan Morgan v. Vitran Express Canada

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Oppression remedy may leave corporate directors liable for unpaid wages and constructive dismissal damages

In a recent blog, we observed that directors, officers and shareholders may be deemed to be “common employers” together with corporations; and that in certain circumstances, owners and operators may be “on the hook” for claims by employees and former employees. By way of another recent decision of the Ontario Superior Court of Justice, director

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Sick notes, spying, and a toilet seat prank

Sick notes, spying, and a toilet seat prank: Did these things comprise a successful basis for moral damages? On January 7, 2015 the Ontario Superior Court of Justice issued a decision in Ciszkowski v. Canac Kitchens, 2015 ONSC 73 (CanLII). This case concerns the acrimonious termination of an 18-year employment relationship between the plaintiff and his

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Feeling the pressure yet? Additional workload can cause legal liability for constructive dismissal

I recently read an article written by Leah Eichler for the Globe and Mail (January 17, 2015) titled: “Do more – without blowing a gasket.” In the article she referenced a colleague who never sleeps. She stated that he responds to her emails or texts late into the night and regardless of the hour he

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On the first day of Christmas…

If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these?  A partridge?  I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which

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Expect the unexpected: Employees (and Rob Ford) on sick leave

I spent much of this past weekend poring over the news associated with Rob Ford’s departure from the Toronto mayoral race due to ill health. Despite feeling sympathy for Mr. Ford and wishing him a speedy recovery, there were voters and columnists who spoke of their disappointment at being deprived of the opportunity to cast

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Car company’s classic case of constructive dismissal

For an employee to successfully argue that she has been constructively dismissed is an uphill battle. The onus is on her to show that a fundamental term of the contract of employment has been breached, she has not condoned that breach, and in walking out the door, she has not failed to mitigate her damages.

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If you think reorganizing your workplace is as easy as the PM’s most recent cabinet shuffle, think again!

This week’s ministerial cabinet shuffle got me thinking about workplace changes and the risks associated with them.  From time to time employers feel the need to make significant personnel changes in their workplace which can include revising the duties, titles, and pay structure for some of their employees. While the business may dictate such a

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