Suspension Without Pay & Constructive Dismissal

Constructive dismissal occurs when an employee is not terminated directly, but when their employer’s conduct indicates that the employer no longer wishes to be bound by the employment contract. In other words, when the employer creates a situation for the employee that is drastically different from that contemplated by the original employment agreement. This may […]

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A Fatal Flaw can Render an Employment Contract Moot

Employers work hard to find an employment contract that is enforceable, usually in an attempt to minimize severance claims. It is clear that the employer may indeed “contract-out” of the common law severance claim based on the implied term to provide reasonable notice. There are a host of roadblocks in its path to success, however, […]

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Promotions and Revisiting the Employment Contract

Employment agreements must be revisited and re-negotiated when an employee has been promoted to a more senior position. This issue is often overlooked by employers. Failure to Revisit Can be Costly This is exactly what happened in a recent decision out of Saskatchewan. The plaintiff had been hired as a staff architect and had signed […]

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Substantial Punitive Damages Awarded for Employer Conduct

A recent decision from British Columbia has awarded a substantial sum of punitive damages. Such an award is intended to punish for outrageous and intentional wrongdoing. It is usually quite difficult to obtain. On this occasion, the trial judge set the damage award at $110,000. Aggravated damages are also additional damage sums which are awarded […]

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