Yes some people have no clue how to go about it or there are times when circumstances dictate the need for a lawyer.....but not always.

LOL!! We all know who that's directed at!!

thanks all

hubby is 56 and he thinks it is time to take the money and move on

They obviously did not even think there was reasonable and probable grounds to arrest her or the others in order to do a search of their purses etc. The lady who claimed the loss could not say....I saw such and such do it.
I advised her she could consent to one if she chose....which she did as did the others because no one there stole anything. If any money was in fact missing could have just as easily been a customer sneakin around....would not be the first time.

Pretty ridiculous what they subjected your wife to. No wonder she was awarded significant dmages. Hard to understand why a large clothing chain wouldn't have consulted their lawyer before they pulled something so bone-headed.

At the very least, you figure head office would have understood that if the complainant had a decent case, the police would have ordered a search warrant. That's the only way it can be done. The Prime Minister, himself would have had no right to search her personal records without one. Yes, I know there are miniserial orders, but they don't apply here. But the police would have been very unlikely to seek a warrant under such relatively minor circumstances, because it's a criminal search warrant and it creates a CPIC record.

Other labour cases like the present one though may not be as clear cut and involve all sorts of medical records examination and god knows what else.

Your absolutely right....I inadvertently used the word severance instead of termination.

My point was he would receive a min 8 weeks assuming he had worked there at least 8 years.
If he thought he was entitled to more notice he would have to go to court.
Even if he was successful and obtained a couple thousand more....it would disappear to the lawyer.
As it stands now it is a potential Wrongful Dismissal, however if he returns to work with a doctors ok....and the company changes his duties substantially it then becomes a possible Constructive Dismissal.
The fact remains the onus is on him to prove the notice given is not sufficient.

A case for Constructive dismissal has nothing to do with a notice period in any event.

I too have been involved in a number of labour dispute cases the most recent was my wife's.

She was a Regional Manager for a large clothing chain.
Travelled the province doing trouble shooting at the stores.
One day while attending at a store an employee who was not very fond of her because of past problems with the store said that money had gone missing from her purse which was behind the counter.
Claimed 200.00 dollars had been stolen. At the time there was 4 employees in the store and my wife.
Police were called and even though she was not legally required to allow it she as did the other employees voluntarily allow police to search their hand bags and coat pockets. Nothing found.
Head office then called after being notified of the incident and demanded everyone to go to the bank and produce a statement which would show if a 200 dollar depost had been made that day.
My wife called me I told her you do not have to as that is private information and they have no right to ask for it.
Not only was the company implying someone was a thief but a stupid one that would run to the bank and deposit the ill gotten gains.

My wife refused, was suspended and was threatened several times with termination unless she provided her bank statement. Even called her at home and repeated threat which we recorded.
Several days went by same threat continued....she finally quit.
We filed a claim for Constructive Dismissal. Case went to court we argued it was unreasonable to demand personal info....produced some case law I found at York U law library.
Judge ruled what they did was high handed and they could not just arbitrarily and unilaterally make such a demand and it was tantamount to extortion threating to fire for not producing document, which was private and confidential info.
She was with company about 1 1/2 yrs....won a judgment for 12,000 bucks.

We did not have or consult a lawyer....and their lawyer said he would blow me out of the water.....
In many cases one does not have to be a chicken to recognise an egg.

Yes some people have no clue how to go about it or there are times when circumstances dictate the need for a lawyer.....but not always.

BTW: You're confusing severance pay with termination pay. The latter, also known as payment in lieu of notice, is limited to a week's pay for each year of service up to a maximum of 8 weeks. Severance pay applies if the person was not released for just cause, was employed for 5 years or more, and the employer had at least 50 employees or an annual payroll > 2.5 million. If so, they're entitled to a week's pay for each year of service up to 26 weeks.

This is a case of potentially wrongful dismissal, not constructive dismissal.

I've been involved in this stuff with clients who were trying to get rid of a dishonest employee and in the drawing up of dismissal letters for HR. Labour Law is a very complicated and unpredicable field, especially given the capriciousness of judges. The legal maxin they tell you on the first day of law school is "He who acts as his own legal counsel has a fool for a client." Steve and Dandyrough are prime examples.

The point is that an experienced labour lawyer knows incomparably more than anyone one on this forum. So if they've already consulted one, why come on here asking people like us about it? It's not a field for amateurs. If they didn't believe the first lawyer, I gave her the name of another noted one, who would probably parse the situation for free to see if it was worth taking on.

But yes, the long and short of it is that ESA termination amounts are pretty marginal and any excess award would require legal counsel and largely be eaten up by fees, something the first lawyer already indicated.

Wrongful dismissal translates to improper notice of termination. In Ontario, the minimum requirement is 1 week severance pay for every year worked up to a max. of 8 weeks. To obtain more you need to sue. The notice can be written or pay instead of notice. The company can dismiss an employee for any reason at all as long as they provide notice, unless it is an out and out firing for something, then they do not have any obligation to pay a dime. The amount of notice depends solely on how long you have worked for the company and what your position was. Yes you could go to court to win a little more but that would quickly be eaten up in legal fees, if you used a lawyer.

Again if the claim was less then 25g then it would be in small claims.

In law there is also what is known as Constructive Dismissal. which is essentially the company changing the terms of your employment so that it is no longer the same job you were hired for. Be it your duties and or your wages.
The age of the employee is also a veryyyy big factor in settlement amounts in either type of action.
Having said all this I disagree with hank. One does not need an employment lawyer all the time they simply need to know their rights and understand exactly what the terms mean. Many people think Wrongful Dismissal means ....geee they let me go for no reason or fired me for nothing....IT DOES NOT. It means they did not provide proper notice....period.
Many companies when scaling back or closing will provide basic employess one weeks pay for every year worked up to a max of around 18 to 20 weeks to try to avoid lawsuits. Upper mgr generally get around 2-3 weeks pay per yr as it will be more difficult for them to find the same or similar type of job.

no this guy is a labour lawyer and told him he could sue for wrongful dismal but this company is a big well named company that could keep him in courts for ages Also if he does go back the boss would be all over him about every little thing he didn't do think maybe your not 100% and we don't want you And it isn't really hob knobs we live in a small area so he went to college with lots of the hob knobs But asking around is a good idea Just hard to believe you get this kind of treatment after so long on the job

Here we go again:

I reckon if hubby hob knobs with lawyers at golf clubs, he can afford a second opinion; something definitely recommended if the first lawyer was not working in labour law. Besides, I think a short exploratory consultation would be free.

Anyhow, if you've already talked to a lawyer, why would you come on this pathetic site looking for what presumably was better legal advice?

There is no one left on this forum except Nigerian and Vietnamese hackers and Stephen Hoddinott. And even they've left now that they know they've finished it off.