In the recent decision of Gascon v Newmont Goldcorp, the court determined that misleading an employee as to the future of their employment can give rise to additional damages. In Gascon, an employer selling a mine knew that the General Manager would lose their employment as a result. Despite knowing that the new owner would not hire him back, the employer did not notify the plaintiff of his impending termination. The court ruled that the employer’s conduct was “untruthful, misleading and unduly insensitive” and ordered damages to be paid. In this case, the employers also refused to pay the employee’s…
The controversial vaccine mandate has created a lot of uncertainty as many people have lost their jobs for refusing to receive the Covid vaccine. Too often, employees across the country are being told to make a choice, to either take the jab or to face consequences ranging from suspension to termination. While many employers believe that the government approval of the mandate gives them the legal right to discipline those refusing to be vaccinated, the consensus amongst employment lawyers is that refusing to get vaccinated does not justify an employee’s termination. This opinion is becoming mainstream as a number of…
Whether it’s getting sick or being stuck indoors all the time, the pandemic has been a stressful time for many people. Add to that being terminated from your job at the peak of the pandemic with no reference letter to boot, and anyone would find themselves in quite the pickle. Unfortunately, this is exactly what happened to one of our clients which recently won his case in Saini v Rosedale Transport Limited. After 10 years of faithful service with his employer, Mr. Saini was laid off during the 2020 COVID pandemic. Not long after his layoff, he was terminated due…