First Reference Talks

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

Without cause termination

By | 2 Minutes Read

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.

By | 3 Minutes Read

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.

By | 2 Minutes Read

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.

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