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contract of employment

By Barry B. Fisher LL.B. | 3 Minutes Read November 25, 2019

OCA denies $953,000 “commission” over notice period

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / bonus and commission, commission, compensation, constructive dismissal, contract of employment, employment law, good faith, notice period

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read October 6, 2017

The fork in the road: after-acquired cause for dismissal

In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / after acquired cause, bad faith litigation tactics, contract of employment, dismissal with cause, dismissal without cause, employee’s post-repudiation breach, employment law, just cause defence, just cause for dismissal, principle of repudiation, reasonable notice of termination, repudiation of the employment contract, severance package, termination

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read January 8, 2016

Frustration of contract

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Human Rights, Payroll / contract of employment, contract of employment has been frustrated, Disability benefits, duty to accommodate the disabled worker, employment agreement, employment contract, employment law, employment relationship, frustration of contract, long-term absence, medical leave, return to work in the foreseeable future, termination, Termination Pay and Severance Pay, terminations, undue hardship

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