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“Age is an impediment”: Fair severance for older employees in Ontario
Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee, Ms. Ozorio, who was 61 years old at the time of dismissal.
Learning from the 'Special One': Constructive Dismissal from Employment
Jose Mourinho: the self-proclaimed 'Special One', former Chelsea boss and brand-new Manchester United manager. In addition to his many successes, Mr. Mourinho is no stranger to controversy. In the most recent Premier League season after seeing his Chelsea side lose nine of the first sixteen league games, he was unceremoniously dismissed.
Shortly before his own dismissal, Mourinho became one half of a very public dispute with Dr. Eva Carneiro. Dr. Carneiro had been employed with Chelsea since 2009, before leaving her position as first team doctor in September 2015 and alleging constructive dismissal. In addition, Dr. Carneiro's lawsuit included an individual claim against Mourinho for sex discrimination and harassment.
The Hypothetical Breach of Contract: Lessons from Garreton v. Complete Innovations
One of the most important clauses in any employment contract is the Termination Clause. This provision sets out the terms under which both parties may end the employment relationship at some unspecified future point in time.
As an employer, failing to include a provision of this kind can significantly increase your exposure to liability. Specifically, you lose the opportunity to limit the amount of severance an employee can seek upon termination. The absence of an enforceable termination provision results in the dismissed employee being entitled to 'reasonable notice' of termination.
Changes in Ownership and Your Rights as an Employee
Businesses are bought and sold all the time. From small 'mom and pop' shops through to multi-national operations. If your workplace is (or has been) sold, it is important to understand how this may affect your rights as an employee.
We often work for individuals who have been let go from a workplace that has been operated by more than one business owner during their tenure. Your severance entitlements can be significantly impacted by the way the business changed hands, and how the vendor and purchaser dealt with liability for employee severance.
Zoldowski v. Strongco: Good News for Wrongfully Dismissed Employees
Recent changes to the law in Ontario may now offer better protection and more expeditious resolution to those that have been wrongfully dismissed. These changes are well-illustrated in a recent decision of the Ontario Superior Court of Justice: Zoldowski v. Strongco Corporation.
Ms. Jennifer Zoldowski worked for Strongco for 17 years before she was dismissed in February 2015. Her dismissal was necessitated by improvements to the Defendant's electronic inventory management system, which rendered Ms. Zoldowski's role obsolete. At the time of termination, Ms. Zoldwski was 39 years old and employed as a Parts Administrator. Following termination, Ms. Zoldowski applied to many jobs around the GTA without success.
The Pendulum Swings: Wrongful Dismissal and Summary Judgment
Summary judgment can be an invaluable tool for individuals who lose their job. Unlike the traditional litigation route, trudging labouriously through mediation and discoveries to trial, it allows for expedient and cost-effective resolution of straightforward employment disputes.
Rule 20 of the Ontario Rules of Civil Procedure provides for summary judgement "where there is no genuine issue requiring a trial." Last year, following amendments to the rule, the Supreme Court in Hryniak v. Mauldin revisited its application and confirmed that it "must be granted whenever there is no genuine issue requiring a trial."
Is there now an implied duty to provide reasons for dismissal?
One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don't know why they were fired. Many become even more aggravated when they ask for a reason and are told 'we don't have to give you one.' Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.
Pursuant to the Employment Standards Act, which applies to most Ontario employers, there is no requirement to tell dismissed employees' why they are being fired. Accordingly, 'we don't have to tell you' can be a valid response [1].
Long Service Worker Awarded 27 Months' Severance Pay
It is pretty rare that an employee will receive a severance package worth more than 2-years of their salary. In fact, it is generally agreed that there is an informal '24 month cap' on the amount of pay that a dismissed employee will receive in severance.
That said, there are exceptions to every rule. A recent case from the Ontario Superior Court of Justice, Markoulakis v. SNC Lavalin Inc., illustrates what circumstances may produce a severance entitlement above the 24-month cap.
Off-Duty Conduct and Discipline: The FHRITP Case
This week a media firestorm was sparked over comments made by a Hydro One employee (Shawn Simoes) to Shauna Hunt, a CityNews Television Reporter, outside a Toronto F.C. game. Shortly after the televised exchange, Hydro One made the decision to terminate Simoes' employment.
Mr. Simoes was present when another man yelled into Ms. Hunt's Microphone during a live broadcast, "F__k her right in the p___y." Yelling this phrase, abbreviated to FHRITP, was popularized in a series of fake news reports in early 2014. Ms. Hunt, visibly upset at this act, challenged Mr. Simoes and his friends who had stood close by. Mr. Simoes did not repeat the phrase but said on live television to Ms. Hunt that what had transpired was "f____ hilarious." Before adding "you're lucky there's not a f___ vibrator here."
Q&A: The Employee's Duty to Mitigate Loss
Mitigation is a legal concept and can be difficult to understand. With this in mind, this article seeks to lay out clearly what the duty to mitigate requires and what it may mean for you.
Wrongful Dismissal 101: What to do if you lose your job
Regardless of what you call it - 'losing your job', 'being laid off' or 'being fired', having your employment terminated is a stressful and upsetting event.
If it does happen, however, you need to put a plan in place. The following 10 tips will help you navigate and take control of this difficult situation.