Court of Appeal Allows Employee to Withdraw Seemingly Clear Resignation
Employees may retract their resignation, and if an employer does not accept it, they can be found to have wrongfully dismissed the employe
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.
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
Unless there are exceptional circumstances, Ontario judges will not generally award more than 24 months notice period.
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.
What Happens when your Employer 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.
Employment Contracts: Unenforceable Termination Clause Costs Employer over $ 400 000
A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract.