On a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached the duty of good faith and fair dealing at the time of and following the employee’s dismissal.
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or reasonable employment.
A recent decision in Ontario establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the Employment Standards Act, 2000 (ESA); the calculation is not restricted to employment in Ontario.
Governor Sisolak recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic.
In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation. This article highlights key labor and employment laws that will soon take effect, or already are in effect.
Just six weeks after holding that Ontario Regulation 228/20 under the ESA did not remove an employee’s common law right to claim constructive dismissal arising from a layoff during the pandemic, the Ontario SJC came to the opposite conclusion.