Blog

Severance

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
3 Months Severance and $10k Damages for 17 Year Old Dishwasher

Bass v Boston Pizza, 2021 ABPC 315 is a new Alberta decision where the employer’s just cause argument failed and the short-term employee did well.

21 December 2021
Disgruntled woman receiving improper pay.
Fixed-Term Fiasco: Rice v Shell (ABCA)

In Rice v Shell, the Alberta Court of Appeal upheld a large severance award based on the employee being on a definite-term contract.

16 December 2021

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