Ontario Employment Law: Wrongful Dismissal and Retirement Benefits

On Sunday, November 13, 2011, WiseLaw published this finding  written by Robert Tanha, Toronto which discussed an important question for those who may have lost their jobs. This decision of the Appeal Court of Ontario,should also have ramifications for all of us in Canada.

In Reinzo v. Washington Mills Electro Minerals Corporations, the Court of Appeal for Ontario answers an important question as concerns an employee's entitlement to benefits during the notice period in a wrongful dismissal action: Do they include employer contributions to the Canada Pension Plan and any employer contributions to Registered Retirement Savings Plan?

The Court's answer: A resounding "yes". After awarding a wrongfully dismissed middle manager with 32 years of service 24 months of pay, the Court turned to benefits, holding as follows:

The appellant [employee] is also entitled to the value of all benefits that would have been available to him during this 24 month period but for the termination of his employment, including all applicable dental and health benefits, employer contributions to the Canada Pension Plan, employer contributions to the appellant’s Registered Retirement Savings Plan and wage increases.

Even though this is a 2005 judicial decision of the Court, it is noteworthy that the Court of Appeal for Ontario's holding on a wrongfully dismissed employee's entitlement to benefits has not been overturned. This means that employers cannot "cherry pick" which benefits to pay a wrongfully dismissed employee; it must pay the value of all benefits that would have been available to the employee during the notice period but for the termination of employment without exception.

If you believe you have been wrongfully dismissed, please contact a lawyer who can advise as to your rights and entitlements both under the Ontario Employment Standards Act and at common law.                

Visit our Toronto Law Firm website: www.wiselaw.net

Thoughts on this video on Creative Revolution.

As I watched this video that shows an officer intimidating and arresting a young girl for blowing bubbles, many thoughts went through my mind. I would like to share them with you.

The male officer is, in my mind a symbol of what is wrong with our police. He would have fit into the Nazi death camps and I think quite happily herd women and children to their deaths in the showers. He is a typical Fascist who uses, and from his attitude shown on this video, apparently enjoys using fear, intimidation, threats and abuse of power to try and control people.

His comments are absurd in the extreme, telling the young woman that if a bubble touches him she is assaulting him and then talks about caustic (chemical) harm. What BS. If I was related to him, I would be ashamed of his actions.

What also bothered me is that he is a sexist in the extreme and as a man, I have no time for little boy bullies who use their power to abuse women. He not only used his power to arrest the young lady after verbally abusing her but he took the time to make the female officer next to him, who the bubbles were directed at look like an incompetent and weak officer, which I suspect was his intention. I would hope that the female officer took the fascist aside and let him know not to interfere with her work and that she reported him to her superiors for his sexist actions. She had the situation under control, he took her control away and made her look small. I suspect he is the type of man/boy who routinely bullies all women that he comes in contact with and I suspect that he would be the type of boy/man  who thinks that when a woman says no she is actually saying yes.

His actions were a disgrace but he will not be disciplined nor will any action taken against him, the only hope is that enough people see the video and that he is treated like the fascist he is, but I suspect that his buddies on the force will laugh and think this is a big joke and reward him for his actions. This kind of behaviour is not acceptable and he should be fired as he brings the concept of law and order into disgrace.

The good folks at G20Justice.com have identified a number of police involved in allegedly illegal behaviour and have identified this officer as

Name: Adam Josephs (Male)

Badge #: 731
Involved In: Fun police. Potential Illegal Searching, Detainment and Arrest of women blowing bubbles.
George Harvey Collegiate Institute '79
Facebook page states occupation as "I collect Human garbage."

His facebook page is a reflection of a smug, egotistical, fascist, who has no understanding of the role of the police in our society and who sees his job as one where he can, I suspect take great pleasure in causing pain and suffering to those he took an oath to serve and protect. He should be fired!

In an earlier post, I talked about Stephen Harper working hard to destroy the concept of a "just society" that I believe in, here is another example of this move.

Public Safety Minister Vic Toews unveiled sweeping changes to the federal pardon system Tuesday that he said are meant to tighten up the process.
For those of who do not pay attention to such matters the CBC has a good story with comments on this issue. The following is taken from the story to read the entire story go here

What's a pardon?


A pardon can be granted to those who have been convicted of a crime, have completed their sentence and have demonstrated that they are now a law-abiding citizen. A kind of "second chance," a pardon can help some to shed the stigma of their past actions, allowing them to move forward and to build a new, productive, life. Pardons do not erase the past, however.

"A pardon is not meant to erase or excuse a criminal act," said Caroline Douglas, a National Parole Board spokesperson. "A pardon means that the record of the conviction is kept separate and apart from other criminal records."


Toews said the proposed changes would eliminate pardons and replace them with more narrowly defined criminal record suspensions.  
 
I thought that the following post by Jonuss's speaks to this issue in a way that I understand.
Earning, and I mean earning a Pardon is a long process. A process that forces the individual who is applying for a Pardon to take a hard look at their lives and come to terms with what they have done. I know this because I have a Pardon


When I herd the Member of Parliament Vic Toews address the press regarding BILL C-23 which effects changes to the Criminal Records Act and Pardons in Canada I became very very concerned. When he made that statement that "No Longer will the Government put Criminals before victims" That "victims will be put first" I came to the realization that The Honorable Vic Toews has no idea what he is talking about.

The reason I know this is because before I ever became a criminal I was a victim. I was sexually molested at the age of 10 years old. On top of that I was raped at the age of 18. Oh yes I was a victim all right! I was a kid living on the streets of Toronto, no education and no hope. I became a thief to survive. Because of that I lost my 20's going in and out of prison I had no way out.


Finally when I came to my senses and made the choice that if I didn't do something about my life I was going to spend it in prison. It was then and only then did things change. I got a job, went back to school and did what I had to do to keep myself out of jail. When the mandatory time passed and I could apply for a Pardon I did so. I had to prove beyond a shadow of a doubt that I had made the changes necessary to be granted a Pardon.

I now have a career and a home and a family that loves me. I can tell you this. If these changes to the Criminal Records Act go through, I would have never have been able to even qualify to apply for a Pardon! I can tell you this as well. I would have ended up doing very serious time in prison and my crimes would have become violent!

Is that what you want Honorable member of Parliament Vic Toews! I can tell you that as a tax paying citizen I refuse to pay for your games! The prisons will fill up and more and more tax dollars will have to be collected!

This is a very sad time in Canadian politics...