Sentences with phrase «appeal of the severance package»

To that end, it is notable that the employer abandoned its appeal of the severance package worth $ 169,800 awarded to Mr. Jylha.

Not exact matches

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

In a judgement released in April, the Court of Appeal held that the trial judge erred by finding that the employer had promised Mr. Aubrey that the severance package was payable on retirement, as opposed to only on termination.

The Court of Appeal found that while it was clear Mr. Aubrey believed that he was being promised the severance package if he retired, there was no evidence the employer had actually referenced retirement when discussing the severance package with him.