contractual obligations

Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

January 15, 2018 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Training and Development, Wages and Compensation

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.

contractual obligations, employee relations, employment law, Galea v. Wal-Mart, moral and punitive damages, punitive damages, terminations, workplace restructuring, wrongful dismissal

Impact on employees in company mergers can be significant

March 22, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation

Anyone following the financial news over the last number of years has no doubt noticed the increasing frequency with which corporations are merging, or being bought out by other corporations. This often results in efficiencies for the corporations, hopefully leading to greater profit. However, the impact on the employees is often overlooked. Whether the transaction is a share purchase, asset purchase, or other type of structure, the impact on the buyers and sellers is clear. However, the impact on the employees is often less certain.

asset purchase, common law, company mergers, contractual obligations, corporations are merging, employment standards act, highest compensation, impact on the employees, legitimate business interests, non-competition, non-solicitation, ontario, open market for labour, or being bought out by other corporations, other type of structure, restrictive covenants, senior executives, share purchase, shareholders, terminated as a result of such a merger, the impact on the buyers and sellers, transaction, well compensated on the sale of their shares

Unexpected impact of share buyout of senior management

February 26, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.

asset purchase, buyers and sellers, capital and ideas, commercial transaction, common law, Conflict of interests, contract of employment, contractual obligations, covenants in restraint of trade, employers of the purchasing and selling companies, employment agreement, employment law, Employment Standard Act, free and open-market for labour, nature of the business, non-competition and solicitation covenants, ontario, other transaction, payment of up to one week per year of service, prevent the former employee from competing, public policy, refrain from competing with their former employer or soliciting the former co-workers to leave the purchased business, restrictive covenants, senior executives who are also shareholders in the company being purchased, share purchase, termination with cause, terminations, When one corporation “buys out” another