Wrongful Dismissal

Read more on The New NAFTA – USMCA: Challenges and Opportunities for Growth of the BC Wine Industry

The New NAFTA – USMCA: Challenges and Opportunities for Growth of the BC Wine Industry

TagsArticles, Wine Services

(A commentary by Nikita Gush, Articled Student and Dennis Ryan, Partner and Head of the Natural Resources Group, Doak Shirreff Lawyers LLP, Kelowna, BC © 2019) A new NAFTA? On November 30, 2018, the US, Canada, and Mexico signed a new North American free trade agreement called the United States Mexico and Canada Agreement (USMCA). …

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Read more on Pushing the Limits on Reasonable Notice, an Ontario Court awards 30 Months’ Notice

Pushing the Limits on Reasonable Notice, an Ontario Court awards 30 Months’ Notice

TagsArticles, Divorce, Employment Law

While the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts.  This…

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Read more on Can you Provide Working Notice of Termination to an Employee on Disability Leave?

Can you Provide Working Notice of Termination to an Employee on Disability Leave?

TagsArticles, Employment Law

In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide.  The case confirms that working notice provided during a…

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Read more on Off-Duty Firefighter Wrongfully Terminated after DUI Arrest in Fire Department Vehicle

Off-Duty Firefighter Wrongfully Terminated after DUI Arrest in Fire Department Vehicle

TagsArticles, Employment Law

  A recent decision out of Kelowna, B.C., found a long-term West-Kelowna firefighter, Kerry Klonteig, to be wrongfully terminated after he was arrested for impaired driving in a Fire Department vehicle while off-duty. The plaintiff in Klonteig v. District of West Kelowna, 2018 BCSC 124, who had been a firefighter for the District of West…

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Read more on Bullied Employee Awarded Aggravated & Punitive Damages for Wrongful Termination

Bullied Employee Awarded Aggravated & Punitive Damages for Wrongful Termination

TagsArticles, Employment Law

   In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed…

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Read more on Understanding What Employment Lawyers Mean by the Bardal Factors

Understanding What Employment Lawyers Mean by the Bardal Factors

TagsArticles, Employment Law

  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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Read more on What To Do When You Lose Your Job: Understanding Wrongful Dismissal

What To Do When You Lose Your Job: Understanding Wrongful Dismissal

TagsArticles, Employment Law

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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