Reinstatement or Compensation in Lieu

Reinstatement or Compensation in Lieu

The presumptive remedy for unjust dismissal is reinstatement with back pay. When tackling the appropriate remedy to award, adjudicators begin with reinstatement with back pay. Depending on the facts of the case, returning the employee to the workplace is the option...
One Unlikely Story, One Voluntary Resignation

One Unlikely Story, One Voluntary Resignation

In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much of that discussion focused on what makes a resignation valid. In a recent decision of the Ontario Superior Court, the issue of whether a...