The issue of whether a terminated employee is entitled to receive a discretionary performance-based bonus was addressed in a recent decision from the Ontario Superior Court of Justice, Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906 (CanLII). Normally in employment law, a terminated employee must be put in the same position during the reasonable…
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If you have just been terminated from your employment, once the initial shock has worn off, your likely first step will be to search the internet for an employment lawyer in your area to help you understand your termination and to determine if the termination/severance package is appropriate for your employment history and circumstance.…
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A lawsuit, Lewis v. WestJet Airlines Ltd, 2017 BCSC 2327 (CanLII) commenced by a former WestJet flight attendant against her former employer will be proceeding despite efforts by WestJet to have the case dismissed. WestJet brought an Application to Strike the Notice of Civil Claim brought by Mandalena Lewis, who proposed to bring a…
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In an interesting decision out of Ontario, the Court found that an employee who over-stated his work experience on his resume and limited his job searches to only managerial positions failed to properly mitigate his damages after his termination. In Skov v. G&K Services Canada Inc (2017 ONSC 6752), Justice Diamond of the Ontario Superior…
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In Canada, every employment relationship is defined by an employment contract. Sometimes these contracts are written out, however, many employment contracts are implied. Simply put, an implied employment contract are the terms, conditions, and expectations defining the relationship between an employee and an employer. If a non-unionized employee does not have a written employment contract,…
Read MoreThe importance of having a well-drafted employment contract cannot be overstated. There is no ‘right’ to employment in British Columbia. However, in many cases employees have a right to “reasonable working notice” or “severance pay” if they are terminated from their employment without cause. Many employers rely on the Employment Standards Act to determine what…
Read MoreBusinesses employing contractors to perform specific tasks within their operations is not new. What is new though, is the increasingly large role that independent contractors are playing in a modern, service-based economy. These days, it is not uncommon for companies to employ contractors in a number of areas which would have previously been viewed as…
Read MoreIn previous postings, we discussed the employment contract which exists between all employees and their employers. Implied in most verbal employment contracts is a term recognizing that employees who see their employment terminated for grounds other than "just cause", are entitled to reasonable notice of their termination, or payment in lieu thereof. But what is…
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Most people would agree that our jobs and the work we do are among the most important aspects of our lives. Jobs provide a livelihood and allow us to support ourselves and our family. Our jobs contribute to our identity (I am a teacher, a banker, an electrician). Jobs contribute to our self-worth, giving us…
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As has been discussed in previous postings, all employee/employer relationships are defined by an employment contract. Sometimes these contracts are written out, however, many employment contracts are implied. Simply put, this means that the terms, conditions and dynamics of the employment relationship are based on experience and on the reasonable expectations of the employee and…
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