Tag: wrongful dismissal

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.

Different Company, Same Old Job: What happens when the company you work for is sold?

by Nadia Halum | Jul 8, 2019 | For Employees

Are clauses that purport to waive an employee’s years of service for the purposes of severance/notice pay enforceable? It’s all important when your company is sold. Here is what to look for.

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...

Wrongful Dismissal Update: How to Reduce Termination Pay for Employees Who Earn Variable Compensation

by Doug MacLeod | Mar 19, 2019 | For Employers

Some employees receive a large percentage of their total compensation in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this...

30 months and counting

by Nadia Halum | Feb 11, 2019 | For Employers

As we have written before, a wrongful dismissal occurs when an employee is terminated without just cause and the employer does not provide adequate notice of termination. An employee can claim damages equal to the remuneration the employee would have earned during the...

A Limit to the Continuing Obligations of Fiduciary Employees

by Fiona Martyn | Feb 11, 2019 | For Employees

We often get calls from employees who have resigned or have been terminated and are looking to start their own business. They usually want to know whether they have a duty not to compete and/or solicit clients from their previous employer. Although an employee’s...

Judge Awards Employee 30 Months’ Termination Pay

by MacLeod Law Firm | Feb 5, 2019 | For Employees

)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...

« Older Entries

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?

Different Company, Same Old Job: What happens when the company you work for is sold?

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

Wrongful Dismissal Update: How to Reduce Termination Pay for Employees Who Earn Variable Compensation

30 months and counting

A Limit to the Continuing Obligations of Fiduciary Employees

Judge Awards Employee 30 Months’ Termination Pay

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