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Severance

ABCA Says CERB Not Deductible From Severance!

In Oostlander v Cervus, 2023 ABCA 13, the Alberta Court of Appeal found that severance awards are not reduced by CERB payments

14 January 2023
Employer Making Up Misconduct Backfires Stupendously

In Chu v China Southern Airlines, 2023 BCSC 21, an employer tried to manufacture just cause for dismissal. The employee received big damages

9 January 2023
ONCA Provides Guidance on Duty to Mitigate In Wrongful Dismissal

In Lake v La Presse, 2022 ONCA 742, the court said it was ok that the employee declined to search for lesser replacement jobs.

14 November 2022
Wrongful Dismissal Results in Employer Paying Over $1M in LTD

In Pasap v Sask Indian Gaming Authority, 2022 SKQB 200, an employee became disabled in his reasonable notice period and was awarded huge damages

2 October 2022
Alberta Employment Contract Failed to Limit Reasonable Notice

Bryant v Parkland, 2022 ABCA 2022 is a new Alberta Court of Appeal case where some employees’ severance was not affected by a termination clause.

20 June 2022
currie appeal severance
26 Month Reasonable Notice (Severance) Upheld In Currie Appeal

Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.

18 April 2022
Manager Vendetta = No Just Cause And Increased Notice Period

In Baker v Weyerhaeuser, 2022 ABCA 83, the Alberta Court of Appeal found no just cause and increased notice period due to the Manager’s vendetta.

21 March 2022
Another 24 Month Severance Award In Alberta

In Oostlander v Cervus, 2022 ABQB 200, the Alberta Court of Queen’s Bench awarded 24 months’ severance to a non-management employee.

14 March 2022
verigen v ensemble
COVID Economic Downturn Not Frustration of Employment Contract

Verigen v Ensemble Travel, 2021 BCSC 1934, is a new case where an employer had to pay severance despite decline in business due to COVID

7 March 2022
Employer Not Allowed to Play Dumb on Resignation
Employer Not Allowed to Play Dumb on Resignation

In First Choice Collision v Talbot, the Alberta employment standards appeal tribunal rejected an employer’s argument that the employee had resigned.

15 February 2022
A construction worker that has been affected by covid-19
Tools and Materials Instead of Cash for Severance?

Hubbard, 2022 ABPC 22 is a new Alberta case where the court said it was ok that the employer provided the fired employee with tools instead of cash severance.

31 January 2022
Size of Employer A Factor In Interpreting Employment Contract?

In Lawton v Syndicated Services, the court interpreted an employment contract in favor of an employer, it seems in part because it was a small company.

25 January 2022

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