Management Lawyers
HR Blog
HR Blog
Employee Entitled to Package Given by Mistake
 |
Published on June 29, 2009 |  |
Stringer LLP Admin |
In a case that can only be described as a cautionary tale, an employer was ordered to pay 5 months pay in lieu of notice to an employee to whom it had intended to pay only 3 weeks ESA termination pay. This case should serve as a reminder to employers to carefully review termination letters before they go to employees.
In Stowar v. Telehop Communications Inc., an employer mistakenly provided an employee with an offer of 5 months pay in lieu of notice in a termination letter, instead of the 3 weeks of ESA termination pay it had intended to provide. The letter was poorly worded, and did not establish a possible demarcation between ESA termination pay and pay in lieu of notice at common law.
The court ruled that, once signed, the termination letter constituted a valid and binding contract that the employee could enforce against the employer.
The lesson: when drafting termination letters, make sure you get it right the first time.
To view the entire case, visit the following link:
http://www.canlii.org/en/on/onsc/doc/2009/2009canlii32253/2009canlii32253.html
Jeremy D. Schwartz - jschwartz@sbhlawyers.com
employment standards, wrongful dismissal litigation
Subscribe to Blog feed
Recent Blog
- Court Signals Summary Judgement Often Appropriate for Wrongful Dismissal Actions
- Minister Jason Kenney Announces changes to the Immigration System to Promote Canadian Labour Market
- Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal
- OLRB rules on electrician exemption in construction regulation
- What Does the Crown Have to Prove in an OHSA Prosecution?
- The Supreme Court to Lay Down the Law on Random Alcohol Testing
- OLRB Directs Inspector to Produce Investigation Records
- Employer Successfully Defends a Charge of Failing to Report an Accident to WSIB
- Minor Change to the OLRB’s Rules of Procedure could have a Major Impact
- Debate Continues over Family Caregiver Leave
- Divisional Court provides Guidance as to What Constitutes a Prima Facie Case of Discrimination
- Forum Shopping a Growing Problem - Published in The Lawyers Weekly
- Bill 168 and Section 50 of the OHSA: Has the Labour Board Closed the Floodgates?
- Proposed Family Caregiver Leave goes through Second Reading
- British Columbia Court of Appeal upholds just cause dismissal
- The Latest on Forum Shopping: The Human Rights Tribunal is Considering Whether a WSIB Case Manager Decision is a “Proceeding”
- Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties
- ONCA Upholds Brito but Quashes Punitive Award
- Invasion of Privacy in the Workplace Could Lead to Liability for Snooping Employees
- Human Rights Tribunal Heeding Clear Direction from Supreme Court
- Taking a Hard Line on Termination Entitlements Ends Up Costing More
Categories
- aoda
- class actions
- construction labour relations
- constructive dismissal
- disability benefits
- employment insurance
- employment law
- employment standards
- fiduciary duties
- first nations
- general litigation
- human rights
- immigration
- labour law
- occupational health and safety
- privacy
- restrictive covenants
- stringer llp announcements
- workers' compensation
- wrongful dismissal litigation
