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Wrongful dismissal

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|

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|

Record Discrimination Award Overturned in BC

On December 17, 2013 the British Columbia Human Rights Tribunal made history in a workplace discrimination case by providing an award for injury to dignity, feelings and self-respect of more than double the previous high water mark.  The Tribunal found in British Columbia Supreme Court.  In overturning the award, the Court looked to similar cases […]

By |December 11th, 2015|Employment Law, Wrongful dismissal|Comments Off on Record Discrimination Award Overturned in BC|

Independent contractor wins wrongful dismissal case

What’s the difference between an independent contractor and an employee?
Business owners often hire independent contractors in an effort to reduce the costs and legal responsibilities associated with hiring employees. It’s assumed that if a worker isn’t on payroll, he or she is an independent contractor and not an employee – and therefore can’t be wrongfully […]

By |June 2nd, 2015|Breach of contract, Contracts, Independent contractor, Reasonable notice, Wrongful dismissal|Comments Off on Independent contractor wins wrongful dismissal case|