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Reasonable notice

Non-competition clauses can lead to extra notice

Often in our practice, we come across employment contracts that contain “non-competition” clauses.  The purpose of these contractual terms is to prevent the employee from going out after the employment is terminated (and during the employment) and either setting up a competing business, or working for the employer’s competitors.  The employer is concerned that […]

By |March 22nd, 2016|Contracts, Mitigation, Reasonable notice|Comments Off on Non-competition clauses can lead to extra notice|

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.
Anderson v. Haakon Industries (Canada) Ltd., held that […]

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

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|

The Duty to Mitigate – Part 1

Following dismissal from employment, a dismissed employee comes under a duty to mitigate his or her damages.  The duty is one that the employee owes to him or herself.  It is a duty to take reasonable steps to search for similar work to what was lost upon dismissal.  The duty springs up once the […]

By |November 20th, 2015|Mitigation, Reasonable notice|Comments Off on The Duty to Mitigate – Part 1|