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  • News
  • January 28, 2016
  • Comments Off on Employer’s financial difficulties do not justify 40% salary reduction; Employee awarded 23¾ months’ severance.

Employer’s financial difficulties do not justify 40% salary reduction; Employee awarded 23¾ months’ severance.

An employer’s financial difficulties do not permit it to unilaterally reduce an employee’s salary, according to a recent Ontario Superior Court decision. The Court awarded the employee nearly 24 months’ severance, the upper limit for severance awards in Canada. George…

  • News
  • December 8, 2015
  • Comments Off on Band Employee Awarded Severance for Unjust Dismissal

Band Employee Awarded Severance for Unjust Dismissal

In a recent decision under the Canada Labour Code Part III, an adjudicator held that an employee of the Horse Lake First Nation Band (“the Band”) was constructively dismissed and awarded her more than 10 months wages as damages. Tina…

  • News
  • November 10, 2015
  • Comments Off on BC Supreme Court decides wrongful dismissal case awarding Plaintiff substantial damages

BC Supreme Court decides wrongful dismissal case awarding Plaintiff substantial damages

The British Columbia Supreme Court awarded a 32 year old project consultant and account manager almost $94,000 in damages, after finding she was wrongfully dismissed. Karena TeBaerts was employed for approximately 11 years by Penta Builders Group Inc. (“Penta”), a…

  • News
  • May 24, 2015
  • Comments Off on Economic Disincentives to Compete Found to be Restraints of Trade

Economic Disincentives to Compete Found to be Restraints of Trade

The B.C. Court of Appeal’ decision last year in Rhebergen v. Creston Veterinary Clinic, 2014 BCCA 97, is both a win and a loss for employers seeking to restrain employees from competing with them post-employment. In both instances, the decision will have long-reaching…

  • News
  • January 26, 2015
  • Comments Off on Is Forfeiture of a Bonus for Resigning a Restraint of Trade?

Is Forfeiture of a Bonus for Resigning a Restraint of Trade?

Does the forfeiture of a bonus for leaving an employer constitute a restraint of trade? This question was recently put to the Ontario Supreme Court of Justice in Levinsky v. TD Bank, 2012 ONSC 5110. The Court’s ultimate response may…