As my contracts professor used to say, “you can’t suck and blow at the same time”. What he meant was that you cannot seek to enforce some parts of a contract while simultaneously breaching others. That is what happened to Rand A Technology Corporation in a recent case: they breached the termination clause in the employment contract by paying less than they were required to but, when the employee complained, they tried to rely on that same termination clause to limit their liability. They lost.
In Hrynkiw v. Central City Brewers & Distillers Ltd. ( 2020 BCSC 1640) Horsman J. had a situation where a CFO was accused of intentionally paying himself excess vacation and shares without the consent of the owner. The Court found that this accusation was unfounded and found that there was no just cause. The Plaintiff was awarded 12 months notice after 6.3 years of service. He was 56 years old.
Join us on June 17, 2021, for the 22nd annual Ontario Employment Law Conference, hosted by First Reference and Stringer LLP. With all the challenges you’ve faced and the changes to HR compliance over the last year—and more to come—this year’s virtual conference should not be missed. Scan the agenda below to learn why it’s essential to Learn the Latest®.