Lawyer Trevor Thomas, Contributor. There are several things an employer needs to be mindful of when determining a dismissed employee’s reasonable notice entitlements – many of which we’ve covered elsewhere in this blog (see examples here, here, and here). As complex as the calculation might seem at first glance, the guiding principle for employers can be […]
Archive | Reasonable Notice/ Severance
December Dismissals: What are the Risks for Employers?
Lawyer Richard Johnson, Contributor. As we’ve explained elsewhere in this blog, unless there is a termination clause in her employment contract, the amount of notice or severance a dismissed employee is entitled to depends on several factors, namely: The nature of her employment Her length of service Her age The availability of similar employment, having […]
Steinebach v. Clean Energy: What Are a Commissioned Employee’s Severance Entitlements?
Lawyer Trevor Thomas, Contributor. When it comes to calculating an employee’s entitlements on termination, the primary focus tends to be on how many months of severance (or notice) the dismissed employee should receive. A secondary but equally important aspect of the calculation is what types of compensation should be included in the final severance amount. […]
What’s Fair? Severance and Probationary Employees
With contributions from Richard Johnson, Lawyer. Consider this scenario: Your new employee isn’t working out quite the way you had hoped. You’ve made the tough decision that it’s better for everyone – you, him, the Company – if you end the employment relationship now. Since he’s only been with you for six weeks, you’re not […]
“I Quit”: When Does an Employee Have to Give Notice of Resignation?
By Andres Barker, Lawyer. Many employees who leave a job voluntarily refer to handing in their “two weeks’ notice” that they are quitting. But is this practice actually required by law? It’s a question we often hear from resigning employees. Unlike the notice of termination requirements imposed on employers by employment standards legislation, there is […]
Employment Law Update – Ostrow v. Abacus Management
The British Columbia Supreme Court recently confirmed that a dismissed employee who is subject to a non-competition clause may be entitled to increased wrongful dismissal damages.
Interpretation or Enforcement of Termination Clauses that Limit Severance Pay
Jennifer wrote a paper for the 2014 CLE Employment Law Conference about the interpretation and enforcement of employment contracts that limit severance pay.
Reasonable Notice for the Senior Short Term Employee: The So-Called “Six Month Rule”
If you fire a senior employee after only a brief period of employment, there is a good chance you will end up having to pay her more severance than you expected – unless of course she is subject to an air-tight termination clause in her contract. Whether, as some have suggested, such employees will always […]
Case Law Update – IBM v. Waterman
The Supreme Court of Canada recently ruled that pension benefits paid during the notice period do not reduce a plaintiff’s wrongful dismissal damages.
