Employee Bonuses After Dismissal: When Are They Owed?

The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining whether an employee dismissed without cause is entitled to damages for lost future bonuses.

What Happens to Employment When an Employer Sells its Assets?

The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.

Employer Misconduct Results in Moral Damages

The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in “moral damages” to a former employee for the bad faith manner in which she was dismissed.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of...

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

Employer Permitted To Terminate Employees Receiving LTD Benefits

A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).

Case Law Update: Evans v Avalon Ford Sales (1996) Limited

Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.

Agree to Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds...

The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.