A recent decision by the Saskatchewan Queens Bench, McKercher v. Stantec Architecture Ltd., 2019 SKQB 100, highlights the potential exposure to liability for employers when they promote employees without putting in place new employment agreements. McKercher was terminated after 11 years service. His role with Stantec had changed significantly over his years of employment. When ...
That is a tricky question and depends on context, severity of the misconduct and most importantly whether the misconduct is of such a nature that it can damage the reputation of the employer. Employees owe their employers a general duty of good faith and that includes a duty to not behave in a way which ...
Contracts, contracts, contracts. It cannot be said enough times. The only way to limit potential liability to employees on termination is through a comprehensive employment agreement that sets out at the commencement of the employment relationship, what will happen on termination. Without such an agreement, plan on being exposed to liability for common law notice ...
Typically when an employee is dismissed, unless they are moving immediately into another job they will apply for employment insurance benefits. This doesn’t affect you as an employer, unless you are making a severance payment to the employee after they have received EI benefits. 46 of the Employment Insurance Act (the “Act) obligates an employer ...
