What is the test for terminating an employee's employment?
Saskatchewan, Canada
The following excerpt is from Gormican v. 303507 Saskatchewan Ltd. and Provincial Bandag Retreaders Inc., 1988 CanLII 5189 (SK CA):
The trial judge, following the English line of cases exemplified by In Re Foster Clark Ltd. Indenture Trusts; Loveland v. Horscroft, [1966] 1 All E.R. 43, found that the sale terminated the respondent’s employment, that he was entitled to 12 months’ notice, and that he had mitigated his damages by working for the second appellant. He awarded damages against the first appellant in an amount equivalent to 12 months’ salary, less the amount earned while employed by the second appellant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for terminating a term of employment under a continuous employment agreement? (Saskatchewan, Canada)
What is the employee's recourse in the event of termination of employment without cause? (Saskatchewan, Canada)
What is the test for terminating an employment contract? (Saskatchewan, Canada)
Is an employer liable at common law if he knows or Ought know the machinery to the persons employed by him is improper or unsafe? (Saskatchewan, Canada)
Can an employer bring a claim against a unionized employee for negligence? (Saskatchewan, Canada)
What is the duty of an employer to protect an employee against the use of dangerous or defective machinery? (Saskatchewan, Canada)
Is a union security clause in an employment contract binding an employer with respect to severance pay? (Saskatchewan, Canada)
Can an employer cancel a contributory pension plan that was due to be paid to an employee as a result of his service? (Saskatchewan, Canada)
Is there a distinction between a disabled employee whose disability is caused or contributed to chronic alcoholism and other disabled employees? (Saskatchewan, Canada)
Can a father who terminated his wife's spousal support as of February 1, 2001, now argue it should have been terminated when the mother remarried? (Saskatchewan, Canada)
