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Category: Termination

Court of Appeal Gives Clarity to Termination Clauses

By , March 3, 2017 9:43 am

As we have written in the past, the enforceability of termination clauses is a hotly contested area of employment law. Employers who draft proper termination clauses in employment contracts can significantly limit their liability when terminating employees. A termination clause that is poorly written will not be enforced by a court. If the clause is Continue Reading…

Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs

By , February 27, 2017 1:00 pm

In many wrongful dismissal cases, the legal costs associated with taking a case to trial exceeds the value of the legal claim. That is why the vast majority of these cases settle before trial. Rolling the dice and taking a case to trial can have serious financial consequences. Doyle v. Zochem Incorporated Consider a recent Continue Reading…

Are terminated employees entitled to their unpaid bonuses?

By , January 30, 2017 4:18 pm

We have previously written about when employees have been found to be entitled to receive their bonus at the time of termination. To recap, when an employee is terminated without cause, they are entitled to receive notice or pay in lieu of notice. Wrongful dismissal damages are intended to place the terminated employee in the same financial Continue Reading…

Damages for Reprisal under Occupational Health and Safety Act

By , January 20, 2017 2:25 pm

It should be common knowledge that changes were made to the Occupational Health and Safety Act (“the OHSA”) that have been in effect since September 8, 2016 (and if it’s not common knowledge, you haven’t been reading our previous blogs on the subject). One of these changes allows employees who have been sexually harassed at Continue Reading…

Wrongful Dismissal Update: The Number of Damage Claims Being Awarded By Trial Judges are Going Up

By , January 17, 2017 8:45 am

Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period.  In 2017, employees now often claim, among other things, wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress. By way Continue Reading…

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