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Wrongful Dismissal

Some resignations are terminations in disguise

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22nd Mar 2017

Sometimes employers too easily confuse when an employee has voluntarily decided to leave. Whether through insincerity or neglect, this is one situation where employers may try to rid themselves of an undesirable employee, without paying any severance. But not so fast. Some resignations are actually terminations in disguise. more

Why parental leave doesn’t offer an iron-clad job guarantee

By : | Category : Articles, Human Rights and Discrimination, Wrongful Dismissal | Comments Off on Why parental leave doesn’t offer an iron-clad job guarantee

29th Jul 2013

It is possibly the biggest controversy in workplace law: Do employers get away with terminating employees on pregnancy or parental leave illegally because of a “loophole” in legislation, or do the additional legal provisions extended to new parents go beyond what is necessary to ensure they are protected? The answer is often a matter of perspective. more

What to do when violence erupts in the workplace

By : | Category : Articles, Personal Harassment or Bullying, Workplace Investigations, Wrongful Dismissal | Comments Off on What to do when violence erupts in the workplace

These days, violence in the workplace can be a significant liability for employers, in various ways.

When Dan Gjema was pushed too far by another employee, he pushed him back – literally. Although it cost Mr. Gjema his job, a Manitoba court found in 2012 that his employer was ultimately to blame. more

17th Jul 2013

I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps? more

15th Jul 2013

I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.

The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.

Is this legal? more

I love the tales from the workplace trenches – everyday workplace disputes fuelled by misunderstandings, misapprehension of the law, ignorance or worse. Here are questions from three readers of this column, followed by the advice I would provide: more

I am returning to work after a year-long maternity leave, and my company is planning to lay off a significant number of employees in the next two months. I will probably lose my job.

I received a top-up of around $7,000 for my mat leave. I’m required to come back for six months, and if I don’t return of my own choice, I need to pay that back. If I’m fired, can the company still expect me to pay this back? Can they subtract it from my severance pay? And do severance packages always count as insurable time if I need to go on employment insurance? more

I was laid off this summer. After discussing with several lawyers the severance package offered, I was told I deserved more so I contested the offer.

After negotiating various issues, the last offer made to me was ‘taken off the table’ by the employer and the matter deemed ‘closed’ by its lawyer. Can my employer not pay me anything at all because my lawyer and I did not accept the offers they proposed?

I worked with my employer for close to 25 years and was laid off without cause and with no notice due to a change in the company’s business needs. Am I not entitled to the minimum severance offered under employment standards legislation? more

I work for a company and I am currently on a parental leave. The division of the company I work for has since been shut down and I have no job to return to.

Since I am on leave, I heard this news from a colleague at a different company – no one (not even human resources) reached out to me to advise me of the closure. I contacted HR to find out exactly what was going to happen to me. HR advised that most likely no “like positions” would be available to me when I return and I would be given a severance when I do “try” to come back. I was not told the exact dollar figure of the severance, although I think this is important information for me to know.

Shouldn’t the company tell me exact figures of a potential severance package and secondly, shouldn’t they be obligated to provide me a position with a similar salary upon my return? more

I was terminated without cause from my job recently after working there for three years. The company said it was a business decision. They have given me three weeks termination pay and my benefits until this month. If I agree to sign a “full and final release and indemnity” form they are offering one additional week of termination pay and an additional week of benefits. Is this fair or should I ask for more? more