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Breach of contract

Severance Pay vs. Reasonable Notice

What is Severance Pay?
Severance pay is a general term used for a payment that flows from the employer to the employee when the employment relationship is terminated without cause. Severance pay may equate to statutory notice or reasonable notice, but they are not the same thing. The range in severance pay goes from none […]

Independent contractor wins wrongful dismissal case

What’s the difference between an independent contractor and an employee?
Business owners often hire independent contractors in an effort to reduce the costs and legal responsibilities associated with hiring employees. It’s assumed that if a worker isn’t on payroll, he or she is an independent contractor and not an employee – and therefore can’t be wrongfully […]

By |June 2nd, 2015|Breach of contract, Contracts, Independent contractor, Reasonable notice, Wrongful dismissal|Comments Off on Independent contractor wins wrongful dismissal case|

Wrongful Dismissal Or Dismissal At All?

The test for wrongful dismissal is a basic one: the employment must be terminated, and the notice given for the termination must be insufficient.  Employers are entitled to dismiss their employees for any non-discriminatory reason, provided that they give sufficient notice of the termination.  An employee who receives insufficient notice for termination without cause […]

By |June 1st, 2015|Breach of contract, Employment Law, Reasonable notice, Wrongful dismissal|Comments Off on Wrongful Dismissal Or Dismissal At All?|

Basics of Constructive Dismissal

A different kind of wrongful dismissal
Constructive dismissal is an area of employment law that is highly technical.  It requires specific legal expertise to understand and resolve. Many constructive dismissal cases fall apart in trial because the plaintiff did not have the knowledge or support required to prove his or her case. The plaintiff may […]