In the case of Bhasin v. Best Buy the Plaintiff was terminated for cause because he sold unactivated cell phones to more than one person. The policy is that Best BuyElectronics stores limit the number of unactivated cell phones sales to one phone per customer. This is because Telus, Bell, Rogers and Fido provide the cell phones to the store at reduced cost with the understanding that the phones will not be sold unactivated so that the carriers reap the income from the monthly phone service changes upon sale. Best Buy did store audits and found that Store No. 605
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →When consulted by employees on wrongful dismissal matters I often get asked about how commissions tie into calculating damages for wrongful dismissal. In the smaller but interesting case Robert Katz v. Canada Mortgage & Lending Corp. Judge Mulligan was not only asked the same thing, but he was also asked to rule on the classic independent contractor/employee relationship. The case was a simplified procedure case (meaning in law that is your damages are under 50K then you must sue under simplified procedure. The plaintiff, Robert Katz (the “plaintiff”) claims damages for wrongful dismissal as well as other monies owing to
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →This Human Rights Decision is a perfect example of why you should speak to a lawyer before making any decisions with respect to pregnant employees. In the case of Jessica Maciel v. Fashion Coiffeurs, the applicant Maciel was hired to work as a receptionist in two related salons operated by the respondents in the Erin Mills Town Centre. At the time she was hired she was just over four months pregnant. She alleges that she advised the manager of the salons that she was pregnant on the first day of her job and was fired shortly thereafter. The human rights
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →This story is great….and the headline certainly sounds great, but I don’t think it will signal a new era in the way executives look at compensation…but probably not. Nolan D. Archibald was head of Black & Decker for 24 years. He turned the company around in the 1980’s by cutting costs, improving the quality of its products and increasing sales. This week the company merged with Stanley Works. John Lundgren will be names as CEO of the combined company. John was the CEO of Stanley. Nolan was entitled to open up his $20.5 million dollar golden parachute but he declined
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →There is soon a chance that EI Benefits would be extended to the 2.6 million self-employed persons in Canada. The benefits would be available as special benefits that would extend to issues dealing with maternity leave and compassionate care leave. The regular weekly benefits would not be an option for self-employed, given that they could obviously lay themselves off. The bill seems likely to pass, given the multi-party support. The logic is obviously that entrepreneurs and self-employed should not have to chose between the day to day operations of their business and/or families. IF the bill passes, then self-employed could
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →When I am asked to provide advice on a termination package for businesses concerning an employee that they wish to terminate, my first question is obviously what that person’s position is. There will be varying degrees of approach depending on the seniority and position of the person to be terminated. Executive terminations will not be approached the same way as entry level positions. There are certain approaches you can take when terminating an employee, depending on how things are viewed. You can approach the termination with an attempt to treat the departing employee fairly and with respect, while at the same
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The Human Rights Tribunal of Ontario awarded 20 year old Jessica Maciel $35,000 this week after her employer fired her for revealing that she was pregnant. The owner of Nino D’Arena salon in Mississauga, Ontario was ordered to pay Ms. Maciel $20,000 in lost wages and maternity leave benefits, as well as $15,000.00 as compensation to her dignity and feelings. The applicant was was four months pregnant when she started to work at the last August. During her job interview she did not mention her pregnancy during her job interview, knowing if she divulged that information she would not have
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →
The importance of properly drafted employment agreements
The case of Dwyer v. Advanis, found here, details the importance of properly drafted employment contracts and why employers should not use “boiler plate” contracts or re-use or modify older employment law contracts. This case also deals with minimum notice provisions in employment contracts. The Plaintiff was hired in sales in April of 2004. He signed an employment law contract that noted a termination provision “if there was not a good fit between [the Plaintiff’s] skills and the requirements of the job”. At that time Mr. Dwyer had no history with the company. From 2004 to early 2006 the Defendant