Calculating Severance : What do the Courts Say?

We’ve all heard one of the following stories… An employee in heavy industry is laid off because of a downturn in the economy… Or an office worker is let go because she doesn’t get along with her supervisor… Or a company is going through a restructuring and has to terminate a quarter of its staff.

While the creation and destruction of jobs is essential to our economy and our workplaces, people affected by job-loss are nonetheless dealing with a unique form of personal tragedy. After all, a job is not only a source of income, it contributes to our overall well-being and is an important part of our identity.

Continue reading “Calculating Severance : What do the Courts Say?”

Fixed-Term Employment: Manage the Risks and Respect Your Employees

Some employment relationships are short term or temporary by necessity, such as when an employee is hired to complete a discrete project or fill a maternity leave position. In these situations, the parties will often sign a contract that sets out how long the employment will last and when exactly it will end. We call such agreements fixed-term contracts.

One benefit to employers of a fixed-term contract is that when the employment ends on the date specified (subject to the cautions set out below), the employee is not entitled to reasonable notice or severance. However, there are also potential risks to using fixed-term employment contracts in your business.

Continue reading “Fixed-Term Employment: Manage the Risks and Respect Your Employees”

The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.

What’s the difference between a termination with cause and without? Most people seem to have a good idea, and recognize that a termination with cause is rooted in employee misconduct. If it has been discovered that an employee has been stealing, lying or committing other forms of misconduct, the employer may be able to argue that the employee has fundamentally breached the employment agreement and that the employer is therefore entitled to put an end to the arrangement without any compensation or severance pay.

Or so the thinking goes… What many workers and employers may not recognize is that terminating someone for “just cause” can be remarkably challenging, as one company recently discovered in the recent BC Supreme Court decision Stock v. Oak Bay Marina Ltd., 2017 BCSC 359.

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Probationary Periods – Are they Legal in Canada?

Probationary periods in employment… for  something seeming so simple,  they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal.

So where do these challenges come from? And how can they be remedied?

probation

Continue reading “Probationary Periods – Are they Legal in Canada?”

Terminated? Fired? Dismissed? : 7 Factors in Assessing Severance Pay

We’ve all heard one of the following stories… An employee in heavy industry is laid off because of a downturn in the economy. Or an office worker is let go because she doesn’t get along with her supervisor. Or a company is going through a restructuring and has to terminate a quarter of its staff.

While the creation and destruction of jobs is essential to our economy and our workplaces, people dealing with job loss are nonetheless dealing with a unique form of personal tragedy. After all, a job is not only a source of income, it contributes to our overall well-being and is an important part of our identity.

Continue reading “Terminated? Fired? Dismissed? : 7 Factors in Assessing Severance Pay”