What is Mitigation?
When an employee is terminated without cause, they have a duty to make reasonable attempts to find comparable employment in order to mitigate their losses from the dismissal. There are various legal issues and scenarios that
Stacey R. Ball Employment Lawyer
Stacey R. Ball Employment Lawyer is a legal publisher focused on employment law topics, particularly wrongful dismissal and related issues in Canada. The content primarily addresses legal interpretations and case studies involving employment termination, notice periods, human rights in employment, and federal employment standards under the Canada Labour Code. The blog provides analysis of recent court decisions and practical guidance for employees and employers navigating employment disputes. It serves as a resource for understanding legal rights and obligations in employment termination and related matters.
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Grounds for Discrimination in the Workplace
What is Discrimination?
Under the Ontario Human Rights Code, workplace discrimination is defined as any conduct or action, intentional or not, that treats someone differently or adversely because of a protected characteristic. The protected characteristics under the Code include:
- Race
…
Cannabis and Discrimination Issues
There are several legal issues that can be raised in the context of cannabis in the workplace. A recent Human Rights Tribunal of Alberta decision dealt with the issue of pre-employment drug testing and discrimination. Both employers and employees should…
Nepotism in the Workplace
A controversial subject in the workplace is nepotism. This article from our wrongful dismissal lawyer in Toronto will answer some questions on the topic including:
- What is nepotism?
- What are some examples of nepotism?
- Is nepotism legal?
- What are some
…
Notice Award Greater than 24 Months
When an employee is terminated without cause, they are offered a severance package. While many people believe that common law notice is generally one month per every year of service, this is not entirely accurate.
In determining what the…
Is CERB Deductible from Wrongful Dismissal Damages?
To help millions of Canadians, the Federal Government started the Canadian Emergency Response Benefit (CERB) program, which provided recipients with funding while they were unable to go back to or find new work.
A portion of the CERB recipients was…
When a Non-Competition Clause is Disguised as a Non-Solicitation Clause
It is a commonplace for employers to include restrictive covenants in employment contracts in order to try and protect their business from future competition should the employee. Restrictive covenants are non-competition and non-solicitation clauses. These types of provisions are meant…
Can an Employer Change an Employment Agreement Without Consent?
When someone is hired, there is an agreement between the employer and the employee. This agreement sets out the terms and conditions of employment. In simple terms, it outlines the services the employee will provide the employer, and the compensation…
The Future of Remote Employment
As the worst of the Pandemic moves further into our rearview mirror, more employers are asking their employees to return to the office either five days a week or in a hybrid model.
Who Can Work Remotely?
Not all…
short-service-employees-large-severance-package
Employees terminated after being employed for a short period of time commonly believe they are entitled to a small severance package. However, this is not always the case. Under common law, individuals who are terminated without cause must be given…