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For the first time, the British Columbia Supreme Court has addressed the issue of deducting certain amounts awarded under the B.C. Employment Standards Act ( "ESA"), from the damages recoverable in a wrongful dismissal action.

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigate his damages by choosing to retrain for a new career

In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection.

In a recent decision, Mikelsteins v Morrison Hershfield Limited, 2019 ONCA 515, the Ontario Court of Appeal reversed the lower court's ruling that a former employee was entitled to the increase in the value of shares...

When an employee's employment contract is terminated without notice or without cause for the termination (that is, no wrong doing on the part of the employee) they are entitled to compensation...

A recent 2020 decision of the British Columbia Supreme Court, Virk v. Satnam Education Society of B.C., was a reminder that in wrongful dismissal litigation, the employer has the burden to prove...

Our Employment and labour year in review assembles a number of important cases, recent developments in legislation and cases to watch for in 2014, all of which could potentially have an impact on the management of your human resources.

Filion Wakely Thorup Angeletti LLP logo We support financial groups, family offices and High Net Worth Individuals to remain compliant and protected, in a constantly changing and challenging global environment. Explore Firm Details Lexpert Firm Profile Filion Wakely Thorup Angeletti are pleased to present you with the most recent employment law updates for October 2024.

The modern workplace includes all sorts of working arrangements, and it is not always clear whether a person is an employee, an independent contractor, or somewhere in between.

It can be surprisingly difficult for an employer to rely on statements such as "I quit" to establish that an employee resigned, particularly if the employee later indicates that they want to return to work.

The Ontario Superior Court recently ruled that an employee who was "placed on temporary layoff" due to the COVID-19 pandemic and deemed on infectious disease emergency leave...

In Marshall v. Mercantile Exchange Corporation (2024 CanLII 71128 (ON SC) (Marshall)), the Ontario Superior Court of Justice was asked to consider whether an employee claiming wrongful dismissal damages.

Employees sometimes conduct themselves in an outrageous manner, get fired, and insist that what they did was nowhere even close to just cause for termination. Remarkably, sometimes they succeed and the employer has to pay damages for wrongful dismissal.

The complainant, Ms. Reid, alleged that she was fired from her job as a Membership Advisor at a gym on the basis of her physical disability.

Does an employee's three-year absence from work amount to frustration of contract; or, does it constitute wrongful dismissal and a breach of human rights legislation?

A jury in Prince George, British Columbia has awarded $573,000 in punitive damages to a terminated employee.

The respondent had left full-time employment when he entered into the ICA with the appellant, which required him to work on a project with a third party.