Calculating Severance : What do the Courts’ Say?

We’ve all heard one of the following stories… An employee in heavy industry is laid off because of a downturn in the economy… Or an office worker is let go because she doesn’t get along with her supervisor… Or a company is going through a restructuring and has to terminate a quarter of its staff.

While the creation and destruction of jobs is essential to our economy and our workplaces, people affected by job-loss are nonetheless dealing with a unique form of personal tragedy. After all, a job is not only a source of income, it contributes to our overall well-being and is an important part of our identity.

Continue reading “Calculating Severance : What do the Courts’ Say?”

How a McDonald’s Employee received over $100,000 for Wrongful Dismissal

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The factors for assessing wrongful dismissal damages in Canada are well established, and will generally include the person’s age, tenure, the character of employment (or the degree of expertise or specialization) and other economic factors that may impact a person’s ability to find comparable work, such as education, the health of the local economy and the demand for her services.

To the chagrin of many, there is no universal formula for assessing wrongful dismissal damages. However, people in low-skill or semi-skilled jobs often do not receive extended notice periods due to the perceived availability of comparable work – a food service worker can arguably work as a cashier, a convenience store clerk or even a construction labourer. Continue reading “How a McDonald’s Employee received over $100,000 for Wrongful Dismissal”