Employee Health and Duty to Mitigate: What Employers Need to Know
Employees who bring forward wrongful dismissal claims have a duty to mitigate the damages claimed by making reasonable efforts to find alternative employment. At times, an employee’s health can impact their ability to search for new work. Background In the recent decision of Marshall v. Mercantile Exchange Corporation 2024 CanLII 71128 (ONSC), the Superior Court […]
Duty of Good Faith Applies to Employees: Court Upholds Termination for Cause
A recent Ontario Superior Court of Justice decision highlights the importance of the duty of good faith owed by employees and the need for employers to conduct investigations in cases relating to employee misconduct. Background In the case of Arora v. ICICI Bank of Canada, Amit Arora, a long-standing employee with 15 years of service, […]
Simplifying Terminations: Best Practices and Key Takeaways
Making the decision to terminate an employee is difficult in itself. This is often further complicated for small businesses and entrepreneurs who may not have dedicated and experienced HR personnel. However, it is essential for employers to understand the key steps (and key pitfalls) when terminating an employee. Poorly done terminations can drive wrongful dismissal […]
Krmpotic v.s Thunder Bay Electronics Limited
In a recent Ontario Court of Appeal decision, the court upheld a $50,000 award for Aggravated damages ordered to an employee due to the manner in which they were dismissed. The 59-year-old employee, Mr. Krmpotic, worked for the Company, Thunder Bay Electronics Limited, as a Building Maintenance Supervisor, for nearly 30 years. After sustaining work-related […]
Navigating Compliance Training in Canada: Ensuring Success and Mitigating Risks
Keeping your employees safe, informed, and compliant with regulations is a crucial aspect of running a successful business. While the specific requirements can vary depending on factors such as location and industry, understanding the importance and benefits of compliance training is essential for every employer. By proactively addressing potential compliance issues through training, you can […]