Notice Period | MacLeod Law Firm

Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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Reducing Litigation Risk

Doug MacLeod — Wed, 02 Nov 2022 14:00:26 +0000

In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it was anything but a simple case. It addressed some of the litigation risk inherent in wrongful dismissal litigation.

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Wrongful Dismissal Damages for Employee/Shareholders

Doug MacLeod — Wed, 21 Aug 2019 15:09:01 +0000

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 been asked whether or not an employee is entitled to receive variable compensation during the applicable notice period. This blog summarizes a…

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

Doug MacLeod — Thu, 15 Aug 2019 15:16:18 +0000

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 sent shock waves through the employment law community. Lucky for employers this case was appealed. The Ontario Court of Appeal…

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Judge Awards Employee 30 Months’ Termination Pay

MacLeod Law Firm — Tue, 05 Feb 2019 19:25:13 +0000

If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay. This result happened in a recent case. The Facts Mr. Dawe was terminated without just cause after 37 years service when he was 62 years old. As is normally the case, his employer, Equitable Life Insurance, provided him with no notice of termination.

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