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Notice

By McCarthy Tétrault LLP | 2 Minutes Read December 5, 2017

British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / employment agreement, employment law, Notice, Notice of termination, offer of employment, Probation period, reasonable notice, termination, wrongful dismissal

By Vey Willetts LLP | 4 Minutes Read June 16, 2017

Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Payroll / Dismissal, employment law, employment standards act, ESA, Notice, pay in lieu of notice, Severance pay, termination, total payroll, Wissing et al. v. Adtran Networks Canada Inc.

By McCarthy Tétrault LLP | 4 Minutes Read May 30, 2017

While there may be damages for employee’s lack of resignation notice, there is no reliable substitute for an enforceable restrictive covenant…

A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer can expect to recover. It also underscores the value of an enforceable restrictive covenant.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / Consbec Inc. v. Walker, employment law, Notice, post-employment competition, resignation, resignation notice

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