When Would An Employee Want To Claim Frustration Of Contract?

June 15, 2017
Blog Post

We all know the conventional ways that an employment contract can be terminated, such as a resignation, or with or without cause. Another way is by frustration of contract. Frustration of an employment contract is when the employee becomes unable to fulfill the fundamental duties and responsibilities of their position through no fault of their own.

Determining Severance Pay Obligations

June 1, 2017
Blog Post

Severance pay is an important lifeline for an employee who has lost their job. It aims to compensate them for the loss of employment by recognising their length of service. Ontario’s Employment Standards Act, 2000 states that an employer must provide severance to a terminated employee if their payroll is $2.5 million or more. However, some employers may dispute the size of their payroll in order to get out of this obligation.

Working Notice and Limitation Periods: When Can I Sue?

May 11, 2017
Blog Post

If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”

New Tort Allows An Employee to Sue An Ontario Employer For Harassment

March 30, 2017
Blog Post

In Merrifield v The Attorney General, the Ontario Superior Court has made it clear that an employee can sue an employer for harassment. The Court sets out a four-part test that needs to be met in order to recover damages for this new tort of harassment, which necessarily includes evidence of outrageous employer behaviour.

How To Mess Up A Dismissal – Just A Few Easy Steps!

March 14, 2017
Blog Post

Can an employer simply sweep sexual harassment complaints under the rug? Can you be fired for making the complaint, or because of your gender? A recent case confirmed that a reasonable, impartial and thorough investigation is necessary when a complaint of sexual harassment in the workplace is made. Also, it reinforced that an employer must act in good faith when terminating an employee.

Is the Unofficial Reasonable Notice Cap Officially Gone?

February 22, 2017
Blog Post

If I am terminated without cause, what reasonable notice am I entitled to? Is there a maximum amount? Employees who have been terminated without cause often file a claim against their former employer. If the employee is successful in proving their claim, the court will then determine the length of notice that the employer should have provided to the employee.

[Media Release] BlackBerry Class Action

February 16, 2017
Blog Post

Nelligan O’Brien Payne LLP has commenced a class action against BlackBerry Limited (“BlackBerry”) on behalf of a group of BlackBerry’s employees working in Ontario and across Canada.