Tag: employment contract

Desperate Housewives Case Addresses Wrongful Termination Based on Failure to Renew Contract

It should not be surprising that in California, prominent court cases involve the entertainment industry at times. In my last EntertainHR blog post, I discussed the 2006 California Supreme Court’s decision in Lyle v. Warner Brothers Television Productions, where the court held that within the adult-oriented situation comedy Friends writers’ room, conduct that might otherwise […]

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Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

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Sale of business to smaller company doesn’t equal termination

by Olivier Lamoureux A Québec court recently ruled that there was no constructive dismissal arising from the sale of a business to a smaller third-party purchaser for whom a manager refused to work. The Quebec Court of Appeal in the Boulad case (2108805 Ontario inc. c. Boulad, 2016 QCCA 75) overturned a lower court decision […]

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Transferred employee’s wrongful dismissal suit lands in New York court

by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]

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Commissions during the notice period: contractual language rules

By Thora A. Sigurdson In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice […]

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British Columbia court offers more lessons about employment contracts

by Monique Orieux Last year in Northern Exposure we shared five key lessons about Canadian employment contracts arising from the trial court’s decision in Miller v. Convergys CMG Canada Limited Partnership. The British Columbia Court of Appeal recently issued its decision in the case: Miller v. Convergys CMG Canada Limited Partnership, 2014 BCCA 311. Its […]

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When can Canadian employment contracts be terminated for ‘frustration’?

By Marc Rodrigue Like any contract, an employment contract can be legally “frustrated” and come to an end. Basically, this may happen when it becomes impossible for one of the parties to perform his or her end of the bargain. For example an employment contract can be frustrated when, because of an illness or injury, […]

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