The latest in Canadian Employment and HR Law from Rudner Law. Produced by LegalTube.ca, in association with LawyerLocate.ca.
Would you buy a car and then try to negotiate the price later? That is effectively what you're doing when you sign a severance package and then try to go back later on and get more money. And for whatever reason, we've seen an increase in the number of calls we're getting from people that have already signed their severance package and now want to meet with us and have us assess it.
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
If an employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment. Learn more about mitigation in this video.
Stuart discusses the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Stuart discusses the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.
Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.
