Showing posts with label Repudiation. Show all posts
Showing posts with label Repudiation. Show all posts

Sunday 17 October 2021

Employer’s Conduct Repudiated Contractual Termination Provision: ONSC

As a matter of law, can the manner in which an employer dismisses an employee impact the enforceability of a contractual termination provision?

In Humphrey v. Mene, 2021 ONSC 2539 (CanLII), Justice Gina Papageorgiou, after an extensive and thorough review of applicable jurisprudence, held that, in some cases, it can.

Saturday 29 May 2021

Employee’s Refusal to Work Not Wrongful Dismissal

If an employee leaves work and refuses to return until certain demands have been met, and if the employer is unwilling to meet those demands, has the employee been fired, has she quit, or what happened?

In Anderson v. Total Instant Lawns Ltd., 2021 ONSC 2933 (CanLII), Madam Justice Julianne Parfett of the Ontario Superior Court held that the employee had not been fired; her own actions had repudiated the contract.