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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 01:58, 3 August 2017
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The most common breach of an employee’s contract (whether the terms of that contract are oral or in writing or a combination of the two) is a breach of a term that the employer will provide notice of dismissal. | The most common breach of an employee’s contract (whether the terms of that contract are oral or in writing or a combination of the two) is a breach of a term that the employer will provide notice of dismissal. | ||
When an employee is fired without being provided with reasonable notice of dismissal or being paid money in lieu of reasonable notice (i.e. severance), the employee may have a breach of contract claim. The failure to provide reasonable notice is also referred to as a wrongful dismissal. | When an employee is fired without being provided with reasonable notice of dismissal or being paid money in lieu of reasonable notice (i.e. severance), the employee may have a breach of contract claim. The failure to provide reasonable notice is also referred to as a wrongful dismissal. See [[Section V.C: Termination of Employment (V.C) | Section V.C: Termination of Employment]]. | ||
=== 2. Constructive Dismissal Claims === | === 2. Constructive Dismissal Claims === | ||
If an employer has significantly changed the type of work done by an employee, the employee’s rate of pay, or other working conditions, the employee may have been “constructively dismissed” and may be entitled to damages | If an employer has significantly changed the type of work done by an employee, the employee’s rate of pay, or other working conditions, the employee may have been “constructively dismissed” and may be entitled to damages. See [[Section V.C: Termination of Employment (V.C) | Section V.C: Termination of Employment]] for further information. | ||
=== 3. Other Contractual Claims === | === 3. Other Contractual Claims === | ||
There are also situations during the employment relationship where an employer can breach other terms of an employment contract (other than the notice requirement). For example, an employer might fail to pay a previously agreed upon bonus to an employee. | There are also situations during the employment relationship where an employer can breach other terms of an employment contract (other than the notice requirement). For example, an employer might fail to pay a previously agreed upon bonus to an employee. See ''Gadbois v Newcom Business Media Inc.'', 2016 ONCA 898; ''Paquette v TeraGo Networks Inc.'', 2016 ONCA 618. | ||
=== 4. Remedy: Court Claim === | === 4. Remedy: Court Claim === | ||
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Claims for breach of contract are addressed through civil court claims, either at Provincial Court or Supreme Court depending on the potential value of the case. | Claims for breach of contract are addressed through civil court claims, either at Provincial Court or Supreme Court depending on the potential value of the case. | ||
Suing an employer while still on working notice is a risky move, as a court can find that the act of suing an employer can amount to just cause. See | Suing an employer while still on working notice is a risky move, as a court can find that the act of suing an employer can amount to just cause. See [[Section V.C.5: Just Cause Dismissal (V.C)#5 | Section V.C.5: Just Cause Dismissal]] for more information. | ||
There is conflicting case law on whether an employer would have just cause to dismiss an employee who sues the employer while still employed. As a result, prior to suing an employer while the claimant employee is still working or on a period of notice, claimants should carefully research the law and compare the current law to the employee’s particular circumstances. | There is conflicting case law on whether an employer would have just cause to dismiss an employee who sues the employer while still employed. As a result, prior to suing an employer while the claimant employee is still working or on a period of notice, claimants should carefully research the law and compare the current law to the employee’s particular circumstances. | ||
Sometimes, a written contract, or certain provisions within it, will be invalid. See | Sometimes, a written contract, or certain provisions within it, will be invalid. See [[Section V.C.2 Employment Contract Considerations (V.C)#2 | Section V.2: Employment Contract Considerations]] to determine whether the contract or any of its provisions are invalid. | ||
== C. Termination of Employment == | == C. Termination of Employment == | ||
