Please speak to our wrongful Dismissal Lawyers in Burlington or Wrongful Dismissal Lawyers in Milton if you have any Questions about your Severance or Termination Letter This is another wrongful dismissal case with a lot of interesting issues. The case of Olivares v. Canac Kitchens one of many reported wrongful dismissal cases against Canac Kitchens (There must be ten at this point…) since it shut the doors of its manufacturing department in 2008. The plaintiff, Mr. Olivares was terminated after 24 years of service with the Defendant Canac. He was paid 32 weeks as his basic termination pay and severance
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →In the case of Anderson v. Tasco found here, Tasco (the employer) asked a judge to remove certain parts of the plaintiff’s lawsuit – most particularly they sought to persuade the judge that a Court did not have jurisdiction over allegations relating to an alleged failure to accommodate. The employer also asked the judge to agree that the failure to accommodate allegations failed to disclose a reasonable cause of action, they were untimely and the these allegations are scandalous, frivolous, or vexatious. The primary argument advanced by the employer was that that the Court was without jurisdiction to hear a
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →It depends. Is the right to suspend an employee as a proposed discipline allowed by his employment contract? If not then it may become a question of whether or not you can suspend your employee without pay by having this disciplinary measure implied into your employment contract (and by suspension I am talking about non-unionized employees – With unionized employment suspensions are more common). With non-unionized employees, suspending an employee without pay as a disciplinary measure can be a very harsh method of progressive discipline. In the case of Carscallen vs. FRI Corp, an employee was suspended after materials didn’t
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →In the case of Jose Camaganacan v. St. Joseph’s Printing Limited, out of Toronto, the plaintiff, represented by Daniel Lublin from the law firm of Whitten Lublin in Toronto, moved for summary judgment to end his case. For readers or human resources people, that are not aware – summary judgment means that a plaintiff or defendant can bring a motion to end the case if there are no issues which are believed to require a trial. In this case the plaintiff was employed with the company for 18.5 years. He did not have true management responsibilities. He was 50 years
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →This is a common question that we get at Haber & Associates from employees and employers. The answer is that it obviously depends on the facts of the employment relationship and it depends on the arrangement between the purchaser and the vendor with respect to your employment contract. In the leading case of Sorel v. Tomenson Saunders Whitehead Ltd. the legal conceptualization was as follows: When a purchaser acquires a business there is an implied term in the contract of employment between it and those employees continuing in the service of business, that the employees will be given credit for
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Checking references is an obvious help within the successful hiring practice. Employers obviously should be quite vigilant in checking into the references and qualifications of possible employees as well as criminal convictions if that job requires any type of sensitive duties. There have been cases in the past where employees have brought lawsuits against former employers for having caused the loss of a potentially newly acquired employment position. In Miller v. Bank of Nova Scotia, former employee, Betsy Miller worked for the Bank of Nova Scotia for a short time before she submitted her resignation. It was not her preference
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Employers need to be careful with the concept of inducement. Inducement means the recruitment or the attempt of recruitment away from secure employment with an alternate employer. Essentially if you lure an employee away from employment that is secure and misrepresent any of his/her new employment or the employee leaves that employment and believes that they are moving to a better position with more promises (such as advancement in salary, seniority, stock options, pension options) and the relationship does not work out than that employer may be liable for inducement. In the Supreme Court of Canada case of Wallace v.
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Recently we had a case concerning a problem which occurred with an employer during the hiring process of an employee. There are actually several important steps involved in hiring an employee, and, believe it or not we are often contacted with employers concerning issues about how to properly interview an employee, hire an employee and deal with making that employee a part of the employer’s team without violating various sorts of issues such as human rights, common law inducement and probationary problems…(amongst many many others). I think it’s not only good for business – but it means that employers
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →There are 2 main sources of employment law that lawyers need know in order to properly advise employers and employees – that is common law and statute law. There is also the issue of contract law which obviously guide the contractual obligations between the parties, however a great portion of contract law can be based within the common law. What is common law and how do we deal with it? In the past, all law was based on legal principles decided by judges in Curts. In deciding cases, judges would draw conclusions and decisions from past cases that were before
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →In late December of last year the Court of Appeal recognized the existence of the dependent contractor in the case of McKee v. Reid’s Heritage Homes Ltd. In this case, the plaintiff was an in-house sales agent for Reid’s Heritage Homes. Reid’s is a new home builder that originally retained the services of McKee to sell new homes in the Guelph area. McKee would conduct the sales of the new homes within model homes supplied by Reid. She began her work with Reid in around 1987 and she was paid through her own registered corporation. Over the years she became
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