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A wrongful dismissal will allow the employee to claim monetary damages in an amount that compensates the employee for the wages, commissions, bonuses, profit sharing and other such emoluments the employee would have earned or received during the lawful notice period, minus earnings from new employment obtained during the lawful notice period.
Vriend v Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
Superseding Wallace v United Grain Growers Ltd in determining how damages for wrongful dismissal are assessed where there is bad faith in how the employer handles termination of employment Apotex Inc v Sanofi-Synthelabo Canada Inc [2008] 3 S.C.R. 265, 2008 SCC 61 November 6, 2008 Canadian patent law
Wallace v United Grain Growers Ltd, 1997 CanLII 332, [1997] 3 SCR 701 is a leading decision of the Supreme Court of Canada in the area of Canadian employment law, particularly in determining damages arising from claims concerning wrongful dismissal.
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.
The defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and after the period for which the ACD applies; however, in many jurisdictions a local law enforcement ...
Remuneration of Provincial Court Judges R v Hydro-Québec [1997] 3 SCR 213 September 18, 1997 Constitutional criminal law power, peace, order and good government R v Lifchus [1997] 3 SCR 320 September 18, 1997 beyond a reasonable doubt standard R v Belnavis [1997] 3 SCR 341 September 25, 1997 search and seizure R v S (RD) [1997] 3 SCR 484
Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from ...