By Wendy Woloshyn. What happens if an employee gets fired without cause before his or her bonus gets paid? What if the employment contract says that to receive the bonus, the employee must still be employed at the time it’s paid out? The answers might surprise you. Integral and Discretionary My colleague Richard Johnson has […]
Tag Archives | wrongful dismissal
By Kimberly Darling and Wendy Woloshyn. (Originally posted December 2018, updated February 2020) We have considered probation a number of times previously on our blog, usually from the point of view of the employer. In this post, we’re going back to basics, with what we’re calling “Probation FAQs” for employers and employees. What is probation? […]
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 […]
Some employment contracts specify an end date, some don’t. Why do employers choose one or the other? At the end of the day, is there any difference?
Workations as a concept are nothing new. Employees, executives and business owners brought paperwork with them on holiday and maintained remote contact with the office long before we entered the Digital Age.
We’ve weighed in previously on the issue of probationary employment and employers’ duties – and employees’ rights – in that context. A recent BC Supreme Court decision inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable?
When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to prove a failure to […]
Following our client’s success in her wrongful dismissal trial, we brought a successful court application on her behalf for additional legal costs against her ex-employer. Since our client had made the employer a formal offer to settle early in the proceedings and the court awarded her more at trial than the amount she had previously […]
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 […]
By Andres Barker, Lawyer. It is a basic, fundamental principle of Canadian wrongful dismissal law that an employee has a duty to mitigate her losses following the termination of her employment. The essence of this duty is that a dismissed employee must look for comparable work matching her skills, qualifications and professional status. If an […]