Tag: employee termination

Court of Appeal finds yet another termination clause to be unenforceable

by Doug MacLeod and Marium Rehan | Sep 17, 2019 | For Employers

In the recent decision of Andros v Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal (“OCA”) found yet another termination clause to be unenforceable. In this decision, the OCA reaffirmed and clarified various principles surrounding the enforceability of such clauses.

Wrongful Dismissal Damages for Employee/Shareholders

by Doug MacLeod | Aug 21, 2019 | For Employers

Executives often receive different forms of compensation such as salary, bonus, short-term incentive compensation, long-term compensation, stock options, and income from shares in the corporation. In recent years, the Ontario Court of Appeal (“OCA”) has...

Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

by Doug MacLeod | Aug 15, 2019 | For Employers

Earlier this year, a trial judge concluded that a 62 year Senior Vice President who was terminated after 37 years service was entitled to 30 months notice of termination. In fact, the judge stated he would have awarded a 36 month notice period if asked. This case...

Are Executives Entitled to Variable Compensation after being Terminated?

by Doug MacLeod | Aug 7, 2019 | For Employers

If your organization pays executives for performance and doesn’t want to pay an executive during the applicable notice period because they are not performing, consider having an employment lawyer review your plan first.

Failure to Address Workplace Harassment Results in Aggravated Damages

by Nadia Halum | Jun 3, 2019 | For Employees

As we have written before, an employer may generally terminate an employee for any good business reason, as long as it provides the employee with adequate notice of termination (or pay in lieu of notice). Failure to provide adequate notice results in a wrongful...

Duty of Good Faith: Do Employers Have a Duty to Disclose Material Facts to Employees Who are Making Employment Related Decisions?

by Doug MacLeod | Jun 3, 2019 | For Employers

The Facts Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into the...

Employment Contracts: Unenforceable Termination Clause Costs Employer over $ 400 000

by Doug MacLeod | May 22, 2019 | For Employers

A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract. The Facts In March 2010, CIGI hired Mark Menard, a chartered accountant, as Senior Director of Finance. He was responsible for the...

Is Your Severance Package Fair?

by Doug MacLeod | Feb 25, 2019 | For Employees

We have reviewed thousands of severance packages. If your employment has recently been terminated and you have been provided with a severance package, then read on. Time Limit to Accept Package Most employers give an employee 5 to 7 days to accept a severance package....

« Older Entries

Court of Appeal finds yet another termination clause to be unenforceable

Wrongful Dismissal Damages for Employee/Shareholders

Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

Are Executives Entitled to Variable Compensation after being Terminated?

Failure to Address Workplace Harassment Results in Aggravated Damages

Duty of Good Faith: Do Employers Have a Duty to Disclose Material Facts to Employees Who are Making Employment Related Decisions?

Employment Contracts: Unenforceable Termination Clause Costs Employer over $ 400 000

Is Your Severance Package Fair?

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