Tag: reasonable notice of termination

Alberta Court of Appeal helps employers ring in the New Year in Style(s)

by Kyla Stott-Jess The Alberta Court of Appeal has released its first decision of 2017—Styles v. Alberta Investment Management Corporation, 2017 ABCA 1—and it is undoubtedly welcome news (and a nice gift) to employers. The issue of whether or not a dismissed employee is entitled to bonus compensation during the period of reasonable notice has […]

Extraordinary damages not automatic in ‘cause’ cases

by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]

‘Poor’ employer’s termination obligation not reduced

by Hannah Roskey There has been some controversy in Canadian law on the issue of whether the financial circumstances of the employer should play a role in deciding what constitutes reasonable notice of termination or pay in lieu of notice. Since multiple factors go into deciding what’s reasonable in many circumstances, why not this one? […]

Transferred employee’s wrongful dismissal suit lands in New York court

by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]