Alberta Court of Appeal Denies Incentive Compensation to terminated Employees; Ontario Court of Appeal Does Not As we have written in the past, there is significant legal uncertainly as to whether an employee is entitled to receive incentive compensation during the...
An update on mitigation: What happens when a wrongful dismissal case gets to court while the employee is still unemployed? The Basics A wrongful dismissal occurs when an employer does not provide enough notice of termination. An employee can claim damages equal to the...
Preparing an Employee Severance Package: Five Reasons to Hire A Lawyer A lawyer can explain your obligations under the Employment Standards Act. Did you know there are employees who are not entitled to vacation pay, overtime pay, termination pay and severance pay...
Court of Appeal Gives Clarity to Termination Clauses 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...
Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs 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....
Probationary Clause Gets Employer Into Hot Water Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can...
Are terminated employees entitled to their unpaid bonuses? 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...
Damages for Reprisal under Occupational Health and Safety Act 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...