The current state of wrongful dismissal is that damages are awarded based on what notice of lieu an employer/employee receives (Richard A. Yates, 2011).
Weakness for employee:
• Not compensated for pain and suffering, only awarded difference of notice they should have received and benefits/pension they would have received (Richard A. Yates, 2011).
• Fiduciary duty obligation causes a restriction on the employee ability to use their skillset, additionally restricts employee’s ability to work geographically (Richard A. Yates, 2011).
• Notice not needed if employer believes they have cause, even if said cause may be true
• Employees have less …show more content…
Ratio: You must have just cause to terminate without notice, no matter what.
Case Brief 2
Hilton v. Norampac Inc.
(Hilton v. Norampac Inc., 2002)
Facts: Hilton was terminated for refusing to abide by new contract conditions
• Plaintiff’s argument: Hilton believes he was wrongfully dismissed from his job, due to one-sided changes to his contract
• Defendants argument: They had rightful dismissal due to his refusal to follow terms of contract
Issue: Hilton not given reasonable notice to accept or decline new terms
Held: Hilton awarded damages for wrongful dismissal as he was not given opportunity to consider new obligations.
Law: Contract Law
Reasons: Failure of consideration so, terms are not binding
Ratio: Consideration needed in order to achieve constructive dismissal in regards to changes on contract terms. Works Cited
Hilton v. Norampac Inc., V-193113CM (Ontario Superior Court of Justice May 22, 2002).
Honda Canada Inc. V. Keays, 31739 (Supreme Court of Canada June 27, 2008).
Richard A. Yates, T. B.-K. (2011). Buisness Law in Canada (9th ed.). Toronto, Ontario, Canada: Pearson Canada