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 […]
Employer Faces Harsh Consequences for Falsely Alleging Cause
Employer Faces Harsh Consequences for Falsely Alleging Cause Courts have increasingly demonstrated a willingness to penalize employers for asserting just cause without basis. In Humphrey v. Mene, 2021 ONSC 2539, the Ontario Superior Court went a step further, and found that even though an employer had abandoned its just cause allegations, it could no longer […]
Risky Business: Importance of Consistent Messaging in Terminating Employees
Important of Consistent Messaging in Terminating Employees A recently released decision by the New Brunswick Court of Appeal serves as a reminder to employers to stand by their decision when asserting just cause. In Abrams v. RTO Asset Management, 2020 NBCA 57 (Abrams), a 55 year old employee with approximately thirty years of service was terminated […]