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Damages

Employer’s Finances are Not Relevant to Reasonable Notice

The Ontario Court of Appeal was recently asked to consider whether an employer’s financial circumstances are relevant in a wrongful dismissal action. Do financially-challenged employers get to provide less reasonable notice to their wrongfully dismissed employees? The answer is no, according to the Ontario Court of Appeal.
Michela v. St. Thomas of Villanova Catholic School was […]

By |March 18th, 2016|Damages, Employment Law, Reasonable notice, Wrongful dismissal|Comments Off on Employer’s Finances are Not Relevant to Reasonable Notice|

Is Your Termination Clause Enforceable? Part 2

In our first installment I described the possible effect of well drafted termination clauses in employment contracts.  Where a termination clause is not properly drafted and fails to meet the minimum standard set in the Employment Standards Act, it will be unenforceable.  The following are some examples of termination clauses that BC courts have considered and found […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Fundamental contract terms, Termination clause, Wrongful dismissal|Comments Off on Is Your Termination Clause Enforceable? Part 2|

Is Your Termination Clause Enforceable? Part 1

Many employment contracts these days contain clauses that are commonly referred to as “termination clauses” (sometimes also called “fixed notice periods”, “defined notice periods”, “severance clauses”, etc).  A termination clause will usually define the exact amount of notice or severance pay that an employee will receive in the event of termination. Almost always, a […]

By |January 8th, 2016|Contracts, Contractual notice, Damages, Employment Law, Fundamental contract terms, Termination clause|Comments Off on Is Your Termination Clause Enforceable? Part 1|

Severance 101 – Working Notice, Salary Continuance, Lump Sum Payment

Following termination from employment without cause, many British Columbia employers provide some form of severance, or pay in lieu of notice, to the dismissed employee.  However, some employers may provide working notice while others may choose salary continuance or a lump sum payout instead.  So what is the difference between working notice, salary continuance and […]

By |December 8th, 2015|Contracts, Damages, Reasonable notice|Comments Off on Severance 101 – Working Notice, Salary Continuance, Lump Sum Payment|