Wrongful Dismissal Update: Alleging Just Cause is a Legal Minefield
A recent case, Headley v. City of Toronto, 2019 ONSC 4496, shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.
Court of Appeal allows employee to withdraw seemingly clear resignation
wrongful dismissal As we have written before, to be valid, a resignation must be voluntary, clear and unequivocal. There are circumstances where employees are allowed to retract their resignation, and if an employer does not accept the retraction, the employer can be...Wrongful Dismissal Damages for Employee/Shareholders
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
Human Rights 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. ...Are Executives Entitled to Variable Compensation after being Terminated?
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?
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.