Is there an inherent imbalance in bargaining power between an employer and an employee?
Ontario, Canada
The following excerpt is from Rubin v. Home Depot Canada Inc., 2012 ONSC 3053 (CanLII):
The imbalance is intrinsic to the termination of an employee: There is an inherent imbalance in bargaining power between an employer and an employee when the former terminates the employment of the latter. The employer's business will continue, the employer will be there, and the employee will be gone. (Titus v. William F. Cooke Enterprises Inc., supra, at para. 46)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
What is the constitutional jurisdiction of an employer that employs employees who would otherwise be subject to provincial jurisdiction? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
Can an employer be liable to an employee for the consequences of the employee’s negligence? (Ontario, Canada)
Is an employer permitted an employee to work overtime hours without the consent of an employer? (Ontario, Canada)
Does an employee who retains his or her employment following a sale or reorganization have to rely on his and her employment history with the previous owner as a factor in the calculation of reasonable notice? (Ontario, Canada)
