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by Marisa Victor and Christopher Copeland Can a Canadian employee who is fired for cause sue for outstanding bonuses? What about if those bonuses relate to the period of the employee’s wrongdoing? This was the issue in Mady Development Corp. v. Rossetto, when a terminated executive sought to claim his bonuses for a period when […]
by Kyla Stott-Jess Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc. Rather, […]
Tonight we revisited the episode “Heavy Competition,” which is rife with the kind of employee misconduct that keeps us lawyers busy. Last time we looked at this episode, we talked about trade-secret violations as well as Dwight Schrute’s personal liability for his bizarre antics, which included placing a dead fish in an air-conditioning vent in […]
McCarthy Tetrault If you have ever thought it wouldn’t be worth the cost to investigate an employee’s criminal misconduct, the recent decision in Canada Safeway Limited v. Brown, [2007] B.C.J. No. 2400 (S.C.) might make you reconsider. Not only was the employee ordered to pay back the money she stole, the judge tacked on six […]
LITIGATION COST: Paying lawyer to review corporate ethics policy: $1,500; paying Michael severance: $5,000; avoiding corporate scandal: priceless. Does any company really want its regional manager to hit up subordinates for money? Does it matter that he did it in his condo rather than his office? The answer to both of these questions is, quite […]