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Posts Tagged ‘working notice’

Failure to work notice period did not take away right to sue for damages

Friday, January 27th, 2012

Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.

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Tags: BC, breach of contract, British Columbia, common law, Damanges, employment law, inadequate notice of termination, reasonable notice, reasonable termination notice, repudiation of the contract, termination, termination letter, working notice, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Working notice: destined to fail?

Thursday, August 4th, 2011

I always advise clients to consider their options when they must dismiss an individual (assuming it is without cause). Rather than automatically offering a package, and paying the employee not to work, I encourage our clients to consider whether a period of working notice could be viable. By doing so, at least they would get some value for their money. However, I often think back to a comment made by Mr. Justice Donnelly of the Ontario Superior Court of Justice, who, in the course of considering a wrongful dismissal claim, opined that “[w]orking notice is an institution almost invariably predestined to fail.”

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Tags: Elg v. Stirling Doors, employment law, notice period, Ontario Superior Court of Justice, pay in lieu of notice, terminate an employee without cause, termination, termination notice, wilful misconduct, working notice, working notice of termination, wrongful dismissal
Posted in Compensation, Employment Standards, Human Resources, Payroll | 4 Comments »

Motions for judgment in wrongful dismissal − the court of appeal’s latest statement

Tuesday, July 5th, 2011

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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Tags: accrued vacation pay, Bardal Factors, Bardal v. The Globe & Mail, canadian employment law, Di Tommaso v. Crown Metal Packaging Canada LP, employment law, employment standards act, monetary compensation for the dismissed employee, Notice of termination, notice period, Ontario Court of Appeal, Ontario Superior Court, summary judgment in wrongful dismissal actions, Supreme Court of Canada, temporary employment, termination, the end of the notice period, working notice, wrongful dismissal, wrongful dismissal damages, wrongful dismissal litigation
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 »

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