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Bardal v. The Globe & Mail

The fine art of determining notice for dismissal: ‘old habits die hard’

Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.

 

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Motions for judgment in wrongful dismissal − the Court of Appeal’s latest statement

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.

 

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Dealing with stock options on dismissal

A recent Ontario Court of Appeal decision dealt with a number of issues arising from the dismissal without cause or notice of a senior vice-president of an investment company. One of the more difficult issues addressed at trial, and considered by the Court of Appeal, was the trigger date for the right of the employer to re-purchase the employee’s two percent interest in the company.

 

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