Two lawyers at McMillan - Paul Boshyk and George Waggott - have written an article for the firm's January 2014 labour and employment bulletin, "To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question".
The article addresses the obligation to compensate a dismissed employee for vacation pay over the notice period. The authors focus on the following Ontario cases:
- Cronk v Canadian General Insurance Co., (1995), 25 OR (3d) 505 (ONCA)
- Garvin v Rockwell International of Canada Ltd., 1993 CarswellOnt 966 (Ct J (GD))
- Emery v Royal Oak Mines Inc., 1995 CarswellOnt 456 (Ct J (GD))
Supreme Court of Canada confirms that pension benefits should not be deducted from notice period damages
In IBM Canada Limited v. Waterman, 2013 SCC 70, the majority (7/2) of the Supreme Court of Canada confirmed that pension benefits should not be deducted from notice period damages. In doing so, the Supreme Court of Canada upheld the decisions of the BC Court of Appeal and the BC Supreme Court. My summary of the BC Supreme Court's ruling, which sets out the facts, can be found here.
In the majority ruling the Supreme Court of Canada summarized its ruling as follows: read more »
Chief did not have actual or ostensible authority to bind Indian band to wrongful dismissal settlement agreement
In Clayton v. Lower Nicola Indian Band, 2013 BCSC 162, the BC Supreme Court found, by way of a summary trial, that the then chief of the Lower Nicola Indian Band did not have actual or ostensible authority to bind the band to a wrongful dismissal settlement agreement with its former executive director.
In a previous reported decision involving these parties - Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 - it was disclosed that the settlement agreement provided for a $100,000 payment to the former executive director, who had been in her position for just under two years (January 14, 2008 to January 8, 2010).