Wrongful dismissal-Waksdale v Swegon Pt. 1

This video explains wrongful dismissal in employment law, covering key concepts like constructive dismissal and providing an in-depth analysis of the Waxdale vs. Swagon case, including its court decision and impact. It also discusses the significance and application of severability clauses in employment contracts.
In Waksdale v Swegon, the plaintiff's job was terminated without cause. He was given termination pay in accordance to his employment contract. However, he was not satisfied with this amount, so he sued the employer for more money. He argued that since the portion of the clause governing just cause termination is invalid, the portion governing the without cause termination, (which applied in his case), should also be invalid. The Ontario Superior Court had ruled in favour of the employer. However, the Ontario Court of Appeal overturned the ruling!
#wrongfultermination
Listen to lawyer Samuel Michaels explain this case.
Timemarks
• 00:12 - Introduction to wrongful dismissal in employment law: The video begins by introducing the concept of wrongful dismissal within the context of employment law.
• 00:48 - Explanation of wrongful dismissal: A detailed explanation of what constitutes wrongful dismissal.
• 01:09 - Example: An example is provided to illustrate wrongful dismissal.
• 01:18 - Constructive dismissal: The concept of constructive dismissal is introduced and explained.
• 02:45 - Introduction of the Waxdale v Swagon case: The video introduces the Waxdale vs. Swagen case as a significant legal precedent.
• 03:35 - Court’s view in Waxdale v Swagon case: The court's perspective on the Waxdale vs. Swagen case is discussed.
• 04:34 - Court decision in Waxdale v Swagon case: The final decision of the court in the Waxdale vs. Swagon case is explained.
• 05:16 - Takeaway and impact of Waxdale v Swagon case: The key takeaways and the impact of the case on employment law are summarized.
• 06:38 - What about severability clause?: The concept of a severability clause in employment contracts is discussed.
• 08:18 - Example of severability clause: An example of a severability clause is provided to clarify its application.
Next video: Tips for Employers and Employees
LINKS
Other videos with Samuel Michaels
• Employment Law
Waksdale v. Swegon North America Inc., 2020 ONCA 391 (CanLII), canlii.ca/t/j89s5
Employment Standards Act
canlii.ca/t/30f
Guest Speaker: Samuel Michaels
SMLegal.ca
Interviewer: Heather Hui-Litwin
Litigation-help.com
Many thanks to S. Sritharan (J.D. Candidate Osgoode) for creating the timestamps for this video!
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