The courts have dealt with another case involving Canac Kitchens termination of its employees as a result of a slowdown and subsequent cessation of the business in Ontario. In this action the Plaintiff, Mr. Contreras was 49 years of age. He was 46 at the time he was terminated and had been with Canac for 30 years. He remained on unemployment since his termination. There are several important issues to be dealt with in this case that are often questions asked by clients. They are as follows: What was the period of reasonable notice for Mr. Contreras? Did he take
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →***PLEASE BE AWARE THAT THIS CASE CONTAINS EXTREMELY VULGAR LANGUAGE. In the case of Cheryl Khan v. 820302 Ontario Inc. cob as Lynx Trucking Co. Transportation and Leasing and Lynn Thompkins which can be found here. The trucking company was ordered by the Human Rights Tribunal to pay $25,000.00 to the Applicant for a violation to her impairment right to be free from discrimination and harassment and for injury to her dignity, feelings and self respect. In this case, the Applicant Khan began working for Lynx Trucking in September 2007. The Applicant testified that Lynn Thompkins, the personal Respondent, would
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The answer is that depends. Non-competition clauses in employment contracts are to protect the interests of your company or business by contractually preventing your employees from either talking to competitors or using, to their own advantage, any employer-specific product information, knowledge of customers or business opportunities. They are tough to uphold however. Courts often do not look well on non-competitions since they may restrict the individual employee’s right to use the skills and experience acquired while working with the former employer. A great non-competition case to read is the 1978 SCC case of Elsley Estate v. J.G. Collins Insurance. It
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →If an employer goes bankrupt things can get complicated. The first thing that you must recognize is whether or not you had a fixed-term contract. A fixed-term contract is one where you and your employer both agree at the time of your hiring that you will be paid a certain amount upon termination without cause. Normal executive contracts will contain a maximum period of notice of 24 months or some other parachute clause. A bankruptcy of an employer doesn’t normally alter the amount owing to a wrongful dismissal employee. It does not terminate a severance that was validly entered into
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