Employment Lawyers Calgary | Calgary Wrongful Dismissal Lawyers

Seconded to Another Organization Under the Terms of your Employment? Which Terms Prevail? A Case Comment

by Employment Lawyers Calgary | 0808/0505/25252525

By Stephen Dugandzic In Nader v University Health Network, 2022 ONSC 447, the Ontario Superior Court addressed the legal implications of secondment agreements within the framework of existing employment contracts. Background Mounir Nader began his employment with the...

No Consideration (benefit) = No Enforceability: The Requirement of Fresh Consideration in Post-Contractual Amendments to Employment Agreements

by Employment Lawyers Calgary | 0707/0505/25252525

By Stephen Dugandzic In Goberdhan v Knights of Columbus, 2023 ONCA 327, the Ontario Court of Appeal addressed the enforceability of arbitration clauses in employment contracts and the necessity of fresh consideration for contract modifications. Factual Background:...

Honesty, Integrity and Just Cause for Termination: A Case Comment

by Employment Lawyers Calgary | 0505/0505/25252525

By Stephen Dugandzic Mechalchuk v Galaxy Motors (1990) Ltd, 2023 BCSC 635 is a pivotal British Columbia Supreme Court decision that underscores the importance of honesty in the employer-employee relationship, particularly for senior executives. Case Summary Facts:...

Has Your Employer Been Purchased, and You’ve Been Offered New Employment Which You’re Told You Must Accept? A Case Comment

by Employment Lawyers Calgary | 0404/0505/25252525

By Stephen Dugandzic In Giduturi v LG Electronics Canada Inc, 2023 ONSC 5476, the Ontario Superior Court addressed the wrongful dismissal of a long-serving warehouse employee and clarified the application of the duty to mitigate in the context of business...

The Importance of Mitigation Efforts Following Termination of Employment: A 20% Reduction in Damages

by Employment Lawyers Calgary | 0303/0505/25252525

By Stephen Dugandzic In Zoehner v Algo Communication Products Ltd, 2023 BCSC 224, the British Columbia Supreme Court examined the mitigation of damages following the wrongful dismissal of Doug Zoehner, a 63-year-old co-owner and former president of Algo Communication...

Are You Both an Employee and a Shareholder? Share Buy Back Clauses Can Limit Damages in Wrongful Dismissal Claims

by Employment Lawyers Calgary | 3030/0404/25252525

By Stephen Dugandzic In Kirke v Spartan Controls Ltd, 2025 ABCA 40, the Alberta Court of Appeal addressed the intersection of employment and shareholder rights in the context of wrongful dismissal damages. Key Legal Issues: 1. Entitlement to Profit-Sharing Payments...

Failure to Provide Advance Warnings Can Mean No Just Cause for Termination: A Case Comment

by Employment Lawyers Calgary | 2929/0404/25252525

By Stephen Dugandzic Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 is a notable wrongful dismissal case from New Brunswick that underscores the importance of progressive discipline in employment law. Background Rod Cumberland, a wildlife biologist...

Has Your Employer Breached its Obligations Under the Employment Agreement? If So, Termination Clauses May Not Apply

by Employment Lawyers Calgary | 2828/0404/25252525

By Stephen Dugandzic In Klyn v Pentax Canada Inc, 2024 BCSC 372, the British Columbia Supreme Court addressed the enforceability of a termination clause in an employment contract, emphasizing the impact of an employer’s conduct during the termination process. ...

Has Your Job Fundamentally Changed Over Time? Your Contract May Not be Enforceable: The Employment Law Doctrine of Changed Substratum

by Employment Lawyers Calgary | 2727/0404/25252525

By Stephen Dugandzic In Alberta employment law, the doctrine of changed substratum is basically this idea: If an employee’s role or job duties change substantially over time from what they were originally hired to do, then the employment contract they originally...

Wrongful Dismissal Damages in a Fixed-Term Contract: What’s an Employee Owed?

by Employment Lawyers Calgary | 2626/0404/25252525

By Stephen Dugandzic In a fixed-term contract, an employee is hired for a set period (e.g., 6 months, 1 year, etc.). If the employer ends the contract early without cause (i.e., without serious misconduct) and without a valid contractual right to do so, the employee...

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