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Category: Employee Terminations

Proposed Changes to the Canada Labour Code – Bill C86

By , November 14, 2018 12:23 pm

On October 29, 2018, the Federal government introduced the omnibus Bill C86 titled “A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures”.  If passed, Bill C86 would introduce changes to the Canada Labour Code (“Code”) that would have a significant impact on federally regulated employers. Continue Reading…

Valuing Employee Pensions in Wrongful Dismissal Cases: A Boring but Important Issue

By , November 6, 2018 10:18 am

A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension plan. So the question arises: when calculating wrongful dismissal damages, how do you calculate damages for pension benefits? A recent case considered this question. The Facts Imperial Oil Ltd. Continue Reading…

Another Example of a Senior Executive Being Awarded More Damages Than Expected

By , August 21, 2018 10:45 am

A recent case decided by the Ontario Court of Appeal demonstrates yet again that relying on informal understandings with an employee about their rights on termination is a very bad idea. In this case, a 51-year-old President was terminated after a little more than 11 years of service. Judge Concludes 51-year-old Employee with 11 Years Service Continue Reading…

Will a Judge Enforce the Termination Clause in Your Employment Contract?

By , August 14, 2018 10:27 am

An employer can significantly reduce the amount of termination pay that it would otherwise owe an employee by including a termination clause in an employment contract.

Can An Employee’s Off-Duty Behaviour Constitute Just Cause for Termination?

By , August 8, 2018 12:34 pm

We receive calls from employers asking whether they can terminate an employee for off duty conduct. Unfortunately there is not an easy answer. This blog discusses two cases of similar off-duty conduct. A judge found the employer did not have just cause to terminate in one case whereas in the other case the judge concluded Continue Reading…

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