Tag Archives | reasonable notice

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December Dismissals: What are the Risks for Employers?

(Originally published 2015. Updated November 2019) 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 […]

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Successful Defense Against Injunction Application 2018

Our clients’ former employer alleged that they had violated various duties they owed to the employer by starting and operating  a competing business. The employer sought a court injunction to prevent our clients from continuing their business. We successfully defended our clients against this application as the judge declined to grant the injunction, in part […]

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Postmedia’s Layoffs: Words to the Wise

By Fiona Anderson. As a former journalist, I can’t help but be mesmerized by the bloodletting that is happening at newspapers and television and radio stations across Canada. The only exception is the publicly funded Canadian Broadcasting Corporation. Private companies need to make money to survive and, with advertisers now having their own advertising platforms […]

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A Dismissed Employee’s Right to Notice or Severance: A Review of The Basics

By Samantha Stepney. Many employees who seek our advice following termination are surprised to learn that so long as their employer has not violated any human rights laws, the employee can be fired for any reason. If the reason amounts to “just cause” – which includes things like theft and insubordination – the employee is […]

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Accrued Vacation and Reasonable Notice: Helping Sustain Your Employees on Termination

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 […]

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Successful Wrongful Dismissal 2015

Our 50-year old upper management client was dismissed after 25 years of service. The employer argued that our client failed to mitigate her damages by not making reasonable efforts to seek alternate employment, and introduced expert testimony regarding our client’s mitigation efforts. The court ruled in our client’s favour, finding that her job search was […]

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