Single Act of Sexual Harassment Constituted Just Cause
Conduct in the workplace that was once condoned is now recognized for what it has always been - sexual harassment. This type of conduct will not be tolerated in the Ontario workplace and the offenders may be subjected to disciplinary…
Should Non-Disclosure Agreements be Banned in Workplace Settlements dealing with Sexual Harassment or Violence?
Wrongful Dismissal – 30 month Notice Period Upheld Due to Exceptional Circumstances
The Ontario Court of Appeal in Lynch v. Avaya Canada Corporation (decision dated October 23, 2023) listed the factors upholding the motion judge’s decision that the employee’s circumstances constituted “exceptional circumstances” thereby justifying an award for wrongful dismissal damages based on a…
President/CEO Ordered to Pay Punitive Damages to Prior Employer
On October 4, 2023, the Court of King’s Bench of Alberta rendered a very significant decision by awarding the Corporate Employer punitive damages against its prior President and CEO, in the case of Breen v. Foremost Industries Ltd. 2023 ABKB 552. The…
Does Your Employment Contract Have a Termination Clause? Is It Enforceable?
Employer’s Conduct Constitutes a Repudiation of the Employment Contract thereby Disentitling it from Relying on the Without Cause Termination Provision
In a recent decision of the Ontario Superior Court of Justice (May 2021), Humphrey v. Mene, a 32 year old employee with over 2 ½ years of service earning $90,000.00 per annum plus stock options, recently promoted to Chief Operating Officer…
Statutory Severance Pay – More Employees Will Be Entitled
Terminated – Bonus, Stock Options, LTIP
Senior Executives, Directors and Senior Managers have compensation packages that often include bonuses, stock options, and/or LTIP payments. The Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Ltd. (October 9, 2020) (which was a case out of Nova Scotia) confirmed…
Defined Benefit Pension Plans and Lump Sum Severance Packages
An employee may be a member of a Defined Benefit Pension Plan (“DB Pension Plan”) as part of his/her remuneration package. The DB Pension Plan is a significant term of the employee’s remuneration package. If an employee is terminated and…