Failure to disclose workplace affair results in termination for cause *

Canada - May 9 2012
In the recent Ontario Superior Court of Justice case of Reichard v. Kuntz Electroplating Inc., the Court held that an employer was justified in its decision to terminate an employee for cause after almost 24 years of service due to the non-disclosure of a workplace affair that violated company policy and resulted in a loss of trust in the employee.

Co-authors: Kelly O’Ferrall.

Bonus payable to executive despite termination for breach of fiduciary duty *

Canada - April 25 2012
In the recent decision of Mady Development Corp. v. Rossetto, the Ontario Court of Appeal restored part of an arbitrator’s decision that granted a terminated executive his earned bonus amounts despite his misappropriation of his employer’s money and resources during the period to which the bonuses were attributable.

Co-authors: William Hockin .

Court finds a failure to mitigate by employee refusing an offer of employment on the same terms from new owners of a purchased business *

Canada - February 7 2012
In the recent Court of Appeal for British Columbia (BCCA) case of Silva v. Leippi, the Court upheld the trial decision that a wrongfully dismissed employee was not entitled to damages.

Co-authors: Randall Boessenkool.