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Category: Employee Terminations

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

By , January 8, 2019 10:04 am

Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. A recent case involving a 54-year-old senior executive who earned about Continue Reading…

Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts

By , November 27, 2018 10:23 am

Where an employee is terminated or resigns, what is the effect of a bonus plan that requires the employee to be “actively employed” at the time the bonus is paid out in order to receive it?  The Ontario Court of Appeal released two decisions, only one year apart, that reached seemingly opposite conclusions to this Continue Reading…

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…

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