Canadian Employment Law Today

November 20, 2019

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Emplo y ment LawToday Canad ad a ian Homeless shelter worker loses job but gets $170,000 in damages pg. 4 Firing worker for theft and fraud over receipts issued to client in crisis for unpaid fees too harsh: Ontario Court Declining reinstatement off er reduces unjust dismissal damages B.C. employer's re-employment off er after wrongful dismissal was reasonable way to eliminate damages BY JEFFREY R. SMITH A BRITISH COLUMBIA worker was unjustly dismissed, but she was awarded only six weeks' pay as damages since she declined what an adju- dicator found was a reasonable off er of reinstate- ment from the employer. Lin Bai began working with the Tsay Keh Dene Nation on Sept. 8, 2015 as a fi nance offi cer at the First Nation's business offi ce in Prince George, B.C. e following year, she was promoted to the position of senior fi nance offi cer and trained two new fi nance offi cers who were subsequently hired in 2017. Bai eff ectively served as a supervisor to the new fi nance offi cers following their training. Bai applied for the position of fi nance manager when it became available, but she was unsuccess- ful because she failed a test as part of her bid for the job. e Tsay Keh fi nance department remained without a fi nance manager until April 2018, when the executive director appointed another senior fi nance offi cer to the role. At the same time, Bai's job description was updated and she received a pay raise equal to that of the new fi nance manager. Incentive plan compensation during the notice period Ontario Court of Appeal overturns award of more than $900,000 for discontinued fund compensation for fi red employee due to incentive plan language BY RHONDA B. LEVY AND MONTY VERLINT IN Manastersky v. Royal Bank of Canada, the Ontario Court of Appeal (OCA) con- sidered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportu- nity to earn incentive plan compensation during the reasonable notice period. e OCA's decision indicates that the answer lies in the contractual language of the incen- tive plan, which must be strictly examined. e employee was recruited in 2001 by RBC Dominion Securities (RBCDS) to work as a director of a mezzanine fund that in- vested in established companies with a track record of positive cash fl ow. During his em- ployment, the employee participated in in- November 20, 2019 Ontario trucking company employee's work refusal stalls pg. 3 Damaged equipment didn't operate normally but didn't pose imminent danger to workers EMPLOYER on page 6 » CREDIT: BALKANSCAT SHUTTERSTOCK EMPLOYER on page 7 » with Stuart Rudner Ask the Expert pg. 2 Assigning duties of departed employee to others

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