Sunday, 20 April 2014

BCCA: Refusing to Allow Employee to Work during "Working Notice" is Termination

Has an employee who is ‘walked to the door’ by his employer been fired or has he simply been subjected to a fundamental change in employment?

What if the employee was provided with “working notice” before being escorted to the door? Can someone be both: (a) escorted out of the building, told not to return, and announced as having “left the company”; and (b) an employee of that company at the same time? Or are those two positions mutually exclusive? Those were the question the Court of Appeal for British Columbia was asked to answer in the case of Allen v. Ainsworth Lumber Co. Ltd., 2013 BCCA 271 (CanLII).

Saturday, 19 April 2014

Ontario court forces BlackBerry executive to work out notice period... or did it?

"Ontario court forces BlackBerry executive to work out notice period." That was the headline of an article posted earlier this week by the Financial Post (article here,) following the decision of the Ontario Superior Court in the case of BlackBerry Limited v. Marineau-Mes, 2014 ONSC 1790 (CanLII). While the case is likely subject to appeal in any event, it is important to note exactly what it is that the court ordered Mr. Marineau-Mes to do and how the case came to be.

Thursday, 3 April 2014

ONSC Awards Four Months Notice to Employee With Less Than One Year of Service

What is the appropriate notice period for an employee dismissed after less than one year of employment? While the answer will always be “it depends,” in a decision released today by the Honourable Justice Catherine D. Aitken of the Ontario Superior Court of Justice sitting at Ottawa, Wellman v. The Herjavec Group Inc., 2014 ONSC 2039 (CanLII), the reasonable period for an employee who had worked for only 51 weeks was found to be four months.