breach of fiduciary duty

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

January 21, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

breach of fiduciary duty, employment law, fiduciary duty, soliciting customers, termination, wrongful dismissal, wrongful termination

Denny’s temporary foreign workers employment standards class action suit gets certified

May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…

BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages

Slaw: Employee terminated for theft still entitled to bonus

May 10, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

The Ontario Court of Appeal recently confirmed that when an employee was terminated for stealing from his employer, he was still entitled to his annual bonus because it was clearly an integral part of his contract, even if he had breached his fiduciary duty.

breach of fiduciary duty, employee theft, employment contract, employment law, fiduciary duties, Managing Difficult Terminations, Ontario Court of Appeal, terminations