Tag: wrongful dismissal

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...

Temporary Layoff Update: Can An Employee Refuse a Recall?

by Doug MacLeod | Feb 5, 2019 | For Employers

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the...

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

by Hina Ghaus | Feb 5, 2019 | For Employers

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that...

Another termination clause doesn’t withstand scrutiny

by Nadia Halum | Jan 28, 2019 | For Employees

Another week, another termination clause found to be unenforceable. As we have written before, termination clauses can have a significant effect on how much you receive in terms of notice or pay-in-lieu-of notice upon termination. This is because there is a...

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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

Temporary Layoff Update: Can An Employee Refuse a Recall?

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

Another termination clause doesn’t withstand scrutiny

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