Employment Law Basics
The five most frequent files appearing on my desk – and in court dockets.
The five most frequent files appearing on my desk – and in court dockets.
Employees don’t always get the bonus they deserve. Seldom will this amount to a successful lawsuit.
Veteran investment banker Kenneth Mathieson was well rewarded in his good years. In 2005, he earned a bonus of $1.1 million. However, when his employer, Scotia Capital, decided that he deserved only $360,000 in 2006 – the lowest bonus he had ever received – Mathieson believed the bank was attempting to force his resignation. He wasn’t about to go quietly.
Unfortunately, I’ve learned that we cannot always expect others to treat us fairly, reasonably and decently. But when it comes to being terminated from a job, employers are legally required to behave in such a manner. A 1997 Supreme Court of Canada decision – which is considered to be one of the most influential employment law decisions to date – established the standard requiring employers to treat employees with good faith and fair dealing at the time of their termination.
Generally, employers are in no hurry to move cases along quickly. They would much prefer to wait and let the employee’s legal costs accumulate and her frustrations grow. In typical cases, claims can meander through the court system for years, with inherent pre-trial delays, mandatory mediations and few, if any, deadlines Few unemployed can afford to wait for a trial. Fewer can afford to pay for one.
Picture this scenario: a former employee requests a letter of reference. His next job is contingent upon it being positive. He may have been well liked, but his performance left much to be desired. Commenting positively, without mentioning the problems he created, is simply not candid. But alluding to the quality of his work will damage his prospects. And, while invaluable to the departed employee, the reference you give is just as important for his prospective employer, who will rely on it in deciding which candidate should be offered a position.
Earlier this year, a former employee of JetBlue became a modern-day icon to disgruntled workers by way of an infamous resignation. Following a confrontation with a passenger, airline attendant Steve …
Often, employees will draft letters to employers protesting a job change or explaining a particular action. Some of the more “careful” ones will have lawyers do this for them, but …
Because employees have a duty to mitigate their losses after dismissal, turning down such an offer could potentially be damaging to a case. Courts caught on to the fact that not all employers make honest propositions and thankfully, exceptions to the rule were made.
A recent case from British Columbia illustrates the importance of employers keeping their private opinions about employees to themselves.
After almost ten years of fighting, Calgary-based stock broker Kurt Soost is not ready to throw in the towel.