Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?
The dismissal of an employee without cause is never easy. For the employee, it means the loss of his and his family's means of livelihood through no fault of his own (most of the time). For the employer, it can entail a rather uncomfortable termination meeting with a perhaps valuable and even likeable, but nonetheless, redundant … Continue reading The Art of the Notice Period
In a previous case comment, I wrote about how an employer's declining financial health can reduce a court's assessment of the reasonable notice period that an employee may be entitled to in a wrongful dismissal case. By contrast, in a recent case, Zoldowski v. Strongco Corporation, 2015 ONSC 5485, the Ontario Superior Court of Justice considered … Continue reading Weak Economy? You Could Be Entitled to More Pay in Lieu of Notice
The Supreme Court of Canada's decision in Honda Canada Inc. v. Keays, 2008 SCC 39, underscored the importance of employment lawyers being well-versed in personal injury or tort litigation. In this decision (at paragraph 59), the court clarified that moral damages arising from the manner of dismissal can include damages for mental distress, damages that generally flow … Continue reading Income Damages Awards – What is the Difference?
Compared to the Employment Standards Act, 2000, there is no mathematical formula to determine the reasonable notice period at common law. For the benefit of those readers who are not employment lawyers, there is an important case called Bardal v. The Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.) which explains how a reasonable notice … Continue reading Being Dismissed in the Summer Could Mean a Longer Notice Period
Justice Conlan's decision in Gristey v. Emke Schaab Climatecare Inc. 2014 ONSC 1798 (Ont. S.C.J.) underscores the fact there is no complete catalogue of factors that go into determining the amount of notice that would be reasonable for an employee to receive. By way of background, if an employee is let go without cause for dismissal, the … Continue reading Gristey v. Emke Schaab Climatecare Inc.: The Effect of Economic Factors on the Notice Period