Employment Insurance & Wrongful Dismissal Claims

Employment insurance benefits present tricky legal issues for employees engaged in litigation for wrongful dismissal. A claim for EI may be made on the termination of employment, and generally, people will make that claim while in litigation over the termination itself. Eligibility will commence after a two week waiting period and will begin after recognition […]

Read More

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, […]

Read More

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 […]

Read More

Notice Awards Moving Up

General Rules The fundamental guidelines for determining an award of “reasonable notice” or wrongful dismissal damage awards have been in place for many years. There is not a fixed set of factors as there exist many unexpected nuances, but the basics may be fairly stated to be: The character of the employment; The length of […]

Read More