Information About Toronto Employment Lawyer – Case Law Review
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- Class action certifies lawsuit against University of Victoria for freezing wages: 2019 BCCA 474
The British Columbia Court of Appeal recently overturned a lower court’s ruling that a class action should not be certified regarding a number of employee’s alleged breach of contract due to a wage freeze. The representative plaintiff, Ms. Service, was employed by the University of Victoria as a “ma … Read more »
- Ignoring a lawsuit results in corporate director personally liable to employee for damages: Halupa v. Sagemedica Inc.
The case Halupa v. Sagemedica Inc. 2019 ONSC 7411 (“Halupa”) dealt with whether or not an employer can be found personally liable for damages for wrongful dismissal, vacation pay and punitive and aggravated damages. Background of Case The Plaintiff in Halupa was a PhD in Cell and Molecular Biology a … Read more »
- What happens to termination pay if you find new employment for better pay? Kideckel v. Gard-X
Employees who are terminated and are seeking to improve their termination offer have the obligation to mitigate. Mitigating means attempting to minimize the loss suffered. In employment law, the terminated employees have a duty to seek work that is comparable to their old job in terms of compensatio … Read more »
- No Duty to Mitigate While Disabled: Fenos v. Manulife
Under the common law, dismissed employees have a duty to mitigate, which means they have to make reasonable attempts to secure new employment after losing their job. Due to this, employers often require employees to disclose their job search efforts after they start a wrongful dismissal lawsuit. How … Read more »
- Allegation of resignation must be backed up by facts: Mah v. ARJ Investments Ltd.
In Mah v ARJ Investments Ltd, 2019 ONSC 4927, the Plaintiff, Gary Mah, was an employee of the Defendant, ARJ Investments Ltd. The Plaintiff worked in the company for four years, was 56 years old and a senior executive when his employment came to an end. The nature of how his employment came to an en … Read more »