Disputes over wrongful termination of employment arise on a daily basis. Employers rarely provide employees with actual working notice for a reasonable period of time – as is their legal obligation. Once an employer decides that an employee should go, there is rarely an appetite for the employee to work out a reasonable notice period.
Once an employment relationship comes into existence, employers are required to give reasonable notice to bring the contract of service to an end. The exception is if just cause exists — when the employer is permitted to dismiss without notice.
In the years following the Supreme Court of Canada’s decision in Vorvis v. ICBC , practitioners of employment law generally thought that an award of punitive damages in an employment case would be rarer than a hatless head at a royal wedding.
I. Introduction Employers, employees, and their advisors are vitally interested in developments in the law relating to the appropriateness of salary continuance. These considerations have until recently created significant settlement difficulties in many instances. After termination, employers sometimes advance salary continuation offers, which are not accepted, and unilaterally pay continuance after dismissal. Employers then defend … Continued
This paper proceeds to consider two important recent advances in the theory of damages both in common law and in unionized employment settings.
As Canada’s workforce ages, particularly with so many “baby boomers” nearing retirement age, interest is higher than ever in the subject of workers’ pension rights.
Integrated Back Office, Front Office and Lawyer’s Office: Case Management, Legal Accounting and Practice
Employers, employees, and their advisors are vitally interested in developments in the law relating to the appropriateness of salary continuance, sometimes referred to as salary continuation. These considerations have until recently created significant settlement difficulties in many instances.
After termination, employers sometimes advance salary continuation offers, which are not accepted, and unilaterally pay continuance after dismissal. Employers then defend on the basis that the employee’s action is not supportable, as no damages are suffered.
The term “whistle blowing” has entered the lexicon of law, corporate governance and politics. For the purposes of this paper, “whistle blowing” refers to employees informing authorities of suspected wrong-doing by his or her employer. The analogy of whistle blowing is to an official on a playing field, such as a soccer referee, who can blow the whistle to point out an infraction and stop the action. More recently the term “ethical reporter” has replaced the term “whistle blower” in academic circles.
Pension benefits are of critical importance to a great number of Canadian workers. As our working population ages, those persons who have contributed to a pension plan look closely at the pension payments they can expect to receive on retirement. In the event of termination before normal retirement age, this issue is often critical for dismissed workers.
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