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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Notice of termination

By | 3 Minutes Read

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

By | 5 Minutes Read

Calculating the upper end of the range of reasonable notice period for senior employees

The Ontario Court of Appeal observed that calculating reasonable notice is “case-specific” and, while there is “no absolute upper limit or ‘cap’ on what constitutes reasonable notice, “exceptional circumstances” may support a notice period in excess of 24 months.

By | 3 Minutes Read

Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

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