Bardal v. The Globe & Mail

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

November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

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.

Bardal Factors, Bardal v. The Globe & Mail, character of employment, Dismissal, economy, employment law, length of employment, length of notice period, lump-sum payment, notice of dismissal, notice period, one month per year, re-employment prospects, salary continuance, specialized knowledge, statutory notice period, termination, termination package, termination without cause, unstable labour market, wrongful dismissal

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

July 5, 2011 Earl Altman Employment/Labour Standards, Human Resources

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.

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

Dealing with stock options on dismissal

May 31, 2011 Earl Altman Employment/Labour Standards, Human Resources

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.

Bardal v. The Globe & Mail, case law, Court of Appeal, damages, determination of reasonable notice, dismissal without cause, employment contract, employment law, length of service, longer notice period, notice period, pay in lieu of notice, Pensions and Benefits, reasonable notice, right of the employer to re-purchase the employee’s interest in the company, stock grant, stock options, stock options on dismissal, termination