February 19, 2003

Fairness – Judicial Discretion

When black letter law meets the concept of fairness Judicial discretion likely to be exercised in favour of employee The case of Scarlett v. Wolfe Transmission Limited 2002 CarswellOnt 3917 (O.S.C.) yet again highlights the uncertainty faced by human resource professionals and their lawyers. Delroy Scarlett worked for Wolfe Transmission Ltd. for more than 20…

January 22, 2003

Courts taking Wallace one step further

Reasonable notice period extended for “unfair dealing” even in the absence of bad-faith conduct by an employer Two recent cases of the Ontario Superior Court present a judicial trend of expanding the situations in which a terminated employee can claim she is entitled to a lengthening of the reasonable notice period because of the employer’s…

November 18, 2002

Cut Down on Lawsuits Just by Being Nice

During terminations there are various areas of potential employer liability, but by treating employees with dignity, fairness and respect employers can reduce exposure to lawsuits. Insensitive and inappropriate behaviour by employers during a termination can result in increased liability in a number of different ways. Where an employer acts with callous or insensitive disregard for…

October 21, 2002

Stock option plans hit the courts

An employee may be terminated but rights to stock options can live on Stock option plans have become a staple of employment compensation, especially for executives and employees in the technology field. Now options are finding their way into termination disputes and the legal system. Canadian courts have made it clear that unless companies are…

October 2, 2002

Termination and releases

Having terminated workers sign releases Question: Our company has been severely hit by the economic downturn and it is necessary that we terminate a number of our employees. We intend to offer the dismissed employees severance packages. Should we require the terminated employees to sign releases or will this just invite legal intervention causing more…

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