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Without cause termination

By Barry B. Fisher LL.B. | 2 Minutes Read November 16, 2020

Plaintiff gets bonus for only part of notice period

In Wilste v Saestar Chemicals ( 2020 BCSC 658) Saunders J. determined that an employee fired without cause in July of 2018 was entitled to 16 months notice. About 1/3 of his total comp was pursuant to a bonus plan which had a clause which said that in order to be entitled to a bonus payment, the employee had to be employed as of March 31st, the end of the fiscal year.

Article by Barry B. Fisher LL.B. / Business, Employment Standards, Payroll / bonus, Bonus entitlement on termination, employment law, notice period, Without cause termination Leave a Comment

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read July 7, 2020

Waksdale v. Swegon North America Inc. – Is your termination clause still enforceable?

Almost all employers require new employees to sign an employment contract. And almost all employment contracts have a termination clause. And most of the termination clauses have a provision which states that the employer has the right to terminate an employee for just cause without notice. This case suggests most of these termination clauses are not enforceable.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards, Payroll / employment standards act, misconduct, Termination clause, termination with cause, Without cause termination Leave a Comment

By Spring Law | 2 Minutes Read October 14, 2016

Why bother with employment contracts?

I had a client recently ask why he would bother going through the cost and efforts of doing up an employment contract, if he was going to have to fight with ex–employees’ lawyers and pay out a package in a without cause situation anyway. Good question.

Article by Spring Law / Employee Relations, Employment Standards, Payroll, Union Relations / employment contracts, employment law, Employment Standards legislation, entitlements upon termination, Just cause termination, pay in lieu of notice, terminate an employee, termination damages, Termination provisions, Without cause termination

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