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Reasonable Notice

Signed termination documents will seldom be overturned

By : | Category : Employment Contracts, Reasonable Notice, Severance Packages, Wrongful Dismissal | Comments Off on Signed termination documents will seldom be overturned

12th Sep 2012

What results if a just-dismissed employee is essentially forced to sign a broad-ranging release, preventing him from taking further legal action? Does it matter if the employer took advantage of the employee’s personal problems, effectively “preying” on his concerns, and even threatening him by stating he would get nothing unless he signed his name? According to a recent Ontario judge, not much! Read More

Ultimatum tantamount to dismissal

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Summoned to his boss’s office, Stew Schwindt was handed a piece of paper that stated that he was resigning and told that it would be best to sign his name. Besieged, Schwindt scribbled his signature and then was immediately escorted off the premises of the Regina-based Canadian Tire franchise, where he had managed the service department for nearly a quarter of a century. But Schwindt had not agreed to retire and believed that his employer had acted improperly. Recently, a Saskatchewan judge resoundingly agreed.   Read More

Laws of resignation may favour employees

By : | Category : Reasonable Notice, Resignation | Comments Off on Laws of resignation may favour employees

Canadian employees have no right to severance pay if voluntarily leaving their job. They may claim this is unfair – but not so fast: the laws of resignation generally work in their favour. Read More

Employees don’t always get the bonus they deserve. Seldom will this amount to a successful lawsuit.

Veteran investment banker Kenneth Mathieson was well rewarded in his good years. In 2005, he earned a bonus of $1.1 million. However, when his employer, Scotia Capital, decided that he deserved only $360,000 in 2006 – the lowest bonus he had ever received – Mathieson believed the bank was attempting to force his resignation. He wasn’t about to go quietly. Read More

Unfortunately, I’ve learned that we cannot always expect others to treat us fairly, reasonably and decently. But when it comes to being terminated from a job, employers are legally required to behave in such a manner. A 1997 Supreme Court of Canada decision – which is considered to be one of the most influential employment law decisions to date – established the standard requiring employers to treat employees with good faith and fair dealing at the time of their termination. Read More

Blunder dismissal and pay the price

By : | Category : Reasonable Notice, Severance Packages | Comments Off on Blunder dismissal and pay the price

Despite having just lost her job, Kelly Stowar must have been elated. As an administrative employee, Stowar was not entitled to more than a few weeks’ severance. Instead, however, she was given a letter by her former employer, Telehop Communications, stating that she would be paid five months’ salary. Stowar signed her name on the space provided, indicating she was satisfied with the contents of the letter, and left the Toronto area office to go home.
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