Difference between revisions of "Employment Law Issues (9:V)"

*Foster care providers

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.  See [[Section V.C: Termination of Employment (V.C) | Section V.C: Termination of Employment]].

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.   

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.

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.