FAQ's Cases - Stewart McKelvey

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Page: 4B. FACTS[9] The appellant began his employment with Goss Industries Inc., thepredecessor of the respondent, in the fall of 2007 in the capacity of Vice-President, Sales and Marketing. He signed an employment agreement onSeptember 26, 2007 (“Employment Agreement”) and commenced work for therespondent on October 9, 2007.2012 ONCA 425 (CanLII)[10] The Employment Agreement was prepared by the respondent andpresented to the appellant for signature. It was signed on behalf of the employerby the respondent’s President.[11] The Employment Agreement contained provisions setting out theappellant’s salary and other aspects of his compensation package. His basesalary was set at $130,000 per annum. There was provision for a bonus of up toone-half of his base salary and he was given a car allowance. The base salaryhad increased to $140,000 by the date of termination.(1) The Employment Agreement[12] The severance provision in the Employment Agreement is set out atparagraph 30(c):30. The Employee’s employment may be terminated inthe following manner and in the followingcircumstances:…
Page: 5(c) By the Employer at any time without cause byproviding the Employee with the following period ofnotice, or pay in lieu thereof:(i) Four (4) months if the Employee’semployment is terminated prior to thecompletion of twenty-four (24) months ofservice;(ii) Five (5) months if the Employee’semployment is terminated prior to thecompletion of thirty-six (36) months of service;(iii) Six (6) months if the Employee’s employmentis terminated prior to the completion of fortyeight(48) months of service; and(iv) Seven (7) months plus one (1) month for eachadditional full year of service over four years ifthe Employee’s employment is terminatedafter forty-eight (48) months fromcommencement up to a maximum of, in total,twelve (12) months notice.2012 ONCA 425 (CanLII)[13] Paragraph 31 of the Employment Agreement provides that the paymentprovided for in paragraph 30(c) is calculated on base salary only.[14] Paragraph 33 of the Employment Agreement provides:33. The Employee agrees that the notice provided [in]subsection 30(c) is in compliance with and in excess ofthe statutory minimum standards owed to the Employeeand set out in the Employment Standards Act andconstitutes full and complete satisfaction of any claimhe/she may have to notice or compensation in lieuthereof, and to any other payments whatsoever(including any and all damages for wrongful dismissal)as a result of the termination of employment and theEmployee agrees to release the Employer from any andall claims whatsoever which the Employee may havearising out of the termination, save and except forcompliance with the terms herein set out. It is agreedthat the notice provided in subsection 30(c) shall be an
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The Labour Relations BoardSaskatche
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3unionized workforce at their plant
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5[15] In addition, there was some h
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7Employee “D”: He was on his pr
Page 9 and 10: 9[37] The Board did not have the be
Page 11 and 12: 11[48] Shortly after Mr. Copeland b
Page 13 and 14: 13credible reason for the disciplin
Page 15 and 16: 15outlined by the Board in RWDSU v.
Page 17 and 18: 173. Order for captive audience mee
Page 19 and 20: 19for his failure to produce the wi
Page 21 and 22: 21[95] Similarly as noted in the qu
Page 23 and 24: 23[103] Also, in The Newspaper Guil
Page 25 and 26: 25rights under the Act. The Employe
Page 27 and 28: 27The determination of whether, in
Page 29 and 30: 29respect to the section of the Alb
Page 31 and 32: 31meetings, would have been within
Page 33 and 34: 33[143] In respect of the complaint
Page 35 and 36: - 2 -[2] The plaintiff, Susan Chart
Page 37 and 38: - 4 -by the time she finished there
Page 39 and 40: - 6 -[24] Testimony was received fr
Page 41 and 42: - 8 -would feel grateful for the fo
Page 43 and 44: - 10 -[49] 2. Comfortable, even tem
Page 45 and 46: - 12 -[67] Another complaint was th
Page 47 and 48: - 14 -bottom of the problem and the
Page 49 and 50: - 16 -member about something amusin
Page 51 and 52: - 18 -[111] Given that the meeting
Page 53 and 54: - 20 -[130] Some of the plaintiff
Page 55 and 56: - 22 -[146] The plaintiff’s expla
Page 57 and 58: COURT OF APPEAL FOR ONTARIOBETWEENC
Page 59: Page: 3[5] In his application, the
Page 63 and 64: Page: 7continuation, in the amount
Page 65 and 66: Page: 9D. ANALYSIS[23] It is well-s
Page 67 and 68: Page: 11[28] The appellant submits
Page 70 and 71: Page: 14[37] When parties contract
Page 72 and 73: Page: 16addressing the issue of a c
Page 74 and 75: Page: 18application of mitigation:
Page 76 and 77: Page: 202008 ONCA 479, 91 O.R. (3d)
Page 78 and 79: Page: 22[56] Notably, the concern e
Page 80 and 81: Page: 24termination without cause,
Page 82 and 83: Page: 26[64] The costs on the appli
Page 84 and 85: The parties agree this Board has th
Page 86 and 87: Mr. Wallace. The evidence is that M
Page 88 and 89: Mr. Mutter and Mr. Wallace each tes
Page 90 and 91: Mutter spoke. He testified he was a
Page 92 and 93: saw (or was told by the crew) Mr. K
Page 94 and 95: and heard, as well as other factors
Page 96 and 97: When viewed in that light, it is fa
Page 98 and 99: IN THE SUPREME COURT OF BRITISH COL
Page 100 and 101: Balogun v. Deloitte & Touche, LLP P
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Balogun v. Deloitte & Touche, LLP P
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Page 2of the immediate problem that
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Page 4- He admitted that he had pla
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Page 626 26. The Grievor's conduct
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Page 8he had a problem with was fro
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Page 10supervisor. Counsel argued t
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Page 12hope to gain a financial ben
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Page 1483 83. McKinley is an import
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Page 16(iv)Has the employer attempt
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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[1] This is an Application under se
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[10] Sean McKay also testified on b
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THE LAW[19] Section 5 of the Code p
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that ensued. There is no evidence t
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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[1] The applicant has filed two App
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CHRONOLOGY OF KEY EVENTS[11] The ap
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tasks beyond his functional limits
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do what they can and that if someon
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checking summaries before stating t
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Roehl in June or to the respondent
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Section 10 of the Code defines hara
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was assigned duties that required h
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-last portion of the day he levels
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[66] I recognize that some of the c
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was made aware on May 22/07 that hi
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“To be honest Tony I don’t know
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is older, or believed that the appl
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[91] The applicant also submitted t
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steps to address allegations of dis
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this period lessening, in my view,
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[109] The respondent submits that i
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that the events of May 22 may have
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Accordingly, I am requiring the par
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FAQ's Cases - Stewart McKelvey

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