FAQ's Cases - Stewart McKelvey

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Page: 6absolute, full and complete defence to any action orclaim which the Employee may advance against theEmployer as a consequence of any termination withoutcause, including, without limitation, any claim forconstructive dismissal.[15] The Employment Agreement contains a “whole agreement” clause, whichstipulates that amendments must be in writing. The agreement is silent about theduty to mitigate or whether any termination payment is due as a lump sum. It also2012 ONCA 425 (CanLII)states that the appellant had “the opportunity to seek out and obtain independentlegal advice … prior to the execution” of the Employment Agreement, althoughthe appellant did not do so.(2) Termination of Employment[16] On April 13, 2011, the respondent terminated the appellant’s employmentwith immediate effect, that is, without any notice. The letter of termination statedin part:Pursuant to your employment agreement datedSeptember 26, 2007 (the “Employment Agreement”),GOSS Power Products Ltd. (“GOSS”) will provide youwith salary continuance and car allowance for the nextsix (6) months until October 13, 2011 (the “NoticePeriod”). Throughout that time you are required to seekout and locate alternate employment and advise GOSSimmediately should you secure alternate employmentprior to the end of the Notice Period.[17] On April 20, 2011, the respondent issued a record of employment whichstated that the appellant was entitled to six months’ salary, as salary
Page: 7continuation, in the amount of $2,692.31 per week (based on a base salary of$140,000). In the “comments” section of the record of employment it stated thathe was “terminated without cause” and the salary continuance is expressed as“Starting Thursday, April 14/11” and “Ending Wednesday, Oct. 12/11”.[18] The appellant commenced employment with another employer on April 25,2011, at the same salary he had been paid by the respondent.2012 ONCA 425 (CanLII)[19] Upon becoming aware that the appellant had secured alternativeemployment, the respondent took the position that he was only entitled to receivethe minimum entitlement under the Employment Standards Act, 2000, S.O. 2000,c. 41, of three weeks’ pay in lieu of notice. The basis for this position was thatthe appellant had mitigated his loss successfully, which ended the respondent’sobligation to continue the payment of the salary continuance under theEmployment Agreement.C. THE DECISION OF THE APPLICATION JUDGE[20] Because the appellant had only received three weeks’ pay in lieu of notice,he brought an application on May 11, 2011 in the Superior Court, pursuant to rule14.05, for a determination of his rights under the Employment Agreement. Heasserted that he was entitled to receive the entire termination payment asspecified in the Employment Agreement and that the payment was not subject toa duty to mitigate. The application was heard on July 5, 2011 and, in 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
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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 and 60: Page: 3[5] In his application, the
Page 61: Page: 5(c) By the Employer at any t
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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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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