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Posts Tagged ‘manner of dismissal’

Moral damages: still an unsettled question

Wednesday, May 18th, 2011

A recent case out of the Quebec Superior Court Lysecky v. United Parcel Service of Canada Limited 2010 QCCS 5098 is indicative how the question of “moral damages” is still unsettled law.

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Tags: bad faith during the termination, Civil law, common law, employment law, extension of the notice period, Fox v. Silver Sage Housing Corporation, Honda v. Keays, Lysecky v. United Parcel Service of Canada Limited, manner of dismissal, mental distress, moral damages, notice period, Quebec, Quebec Superior Court, Supreme Court of Canada, terminations, Wallace damages, Wallace v. United Grain Growers, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Court of appeal rejects “double counting”

Tuesday, September 21st, 2010

Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…

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Tags: Alberta Court of Appeal, British Columbia Court of Appeal, canadian employment law, compensation for losses, damages for wrongful dismissal, employment contract, employment law, federally regulated companies, indentured, Keays v. Honda, manner of dismissal, Notice of termination, notice period, reasonable notice, Soost v. Merrill Lynch Canada, Supreme Court of Canada, tenure, terminate employment without any reason, termination, working notice
Posted in Employment Standards, Human Resources | Make a Comment »

The importance of notice and manner of dismissal

Friday, January 22nd, 2010

I recently read an Alberta case where a financial consultant, a top performer, was terminated without notice. The court found he was wrongfully dismissed and terminated in an insensitive manner; this error in judgment cost the employer $2.2 million in damages.

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Tags: Alberta, Alberta employment standards act, canadian employment law, common law notice, employment standards act, manner of dismissal, reasonable notice, respectful termination, sensitive termination, severance, statutory notice, termination notice, termination without cause, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

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