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What Say You?
This is not about the transgendered nonsense in the media lately
If a normal man goes into a woman’s washroom can he be arrested?
if a “normal” woman goes into the men’s washroom can she be arrested? There is plenty hanging out in the men’s
If a man goes into the women’s washroom he will be condemned as a pervert at best, but women invade men’s washrooms with impunity.
There is virtualy nothing to see in a woman’s washroom
There is plenty hanging out in the men’s
WHY are women allowed to invade men’s privacy?
Just trying to make sense of this insanity.
We had a SCC settlement conference and the deputy judge was arrogant, condescending, rude and wrong. He openly took the side of the defendant asking why we would not help a young lawyer. The young lawyer is a deadbeat who owes CanLaw money and is in breach of contract.
This judge assumed I was a lawyer and presumably had some obligation to tolerate other lawyers stealing from my company.
He made disparaging remarks about my business.
I knew going in this matter would not settle. But this deputy judge was an idiot. No wonder he left private practice. The problem is that you cannot complain about judges or they will all turn on you once the word gets out.
What about you? Have you had bad experiences with deputy judges who think they are gods?
CREDIT WHERE DUE: This is copied from the web site at http://ccpartners.ca/blog/details/the-employers-edge/2016/04/01/-i-quit!-not-yet-you-don-t.-employer-awarded-$35-000-for-wrongful-resignation?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
Nice to see the good guys win for a change eh?
THE EMPLOYERS’ EDGE
“I QUIT!” – “NOT YET, YOU DON’T.” EMPLOYER AWARDED $35,000 FOR WRONGFUL RESIGNATION
Practice Areas: Employment Litigation
By now, we all know what a wrongful termination is in the employment context. But how many have heard of a wrongful resignation? The Superior Court of Ontario recently reminded us that employers are within their rights to bring a wrongful resignation claim against an employee who fails to provide her or his employer with reasonable notice of resignation.
In this case, Gagnon & Associates Inc. (“GA”) hired Barry Jesso (“Jesso”) in 1996 for the shipping/receiving department. Within a year, Jesso had worked his way into a sales role. By 2006, Jesso was one of GA’s top sales associates, himself accounting for approximately 30 per cent of GA’s total sales – earning him $180,000 in salary. Jesso, however, felt he was underpaid and secured replacement employment with a competitor while still with GA.
Jesso gave GA notice of his resignation on July 14, 2006. His resignation was effective that same day and Jesso never worked at GA again.
In the months that followed, some of GA’s clients gave notice that they were taking their business to Jesso’s new employer. GA also had some difficulty finding an experienced salesperson to replace Jesso.
At trial, GA took the position that Jesso’s failure to provide adequate notice of his resignation prevented GA from implementing an appropriate transition plan, costing the company significant sales. Jesso took the position that he was not a managerial or fiduciary employee and was therefore not required to provide any additional notice of his resignation.
The Court agreed with GA, finding that the reasonable resignation period ought to have been two months and that Jesso’s departure resulted in lost sales:
- The notice required of an employee will be a function of that employee’s position with the employer and the time it would reasonably take the employer to replace the employee or otherwise take steps to adjust to the loss.
- Although Jesso was a salesperson with no managerial responsibilities, he was a senior employee with ten years’ experience and was responsible for a significant percentage of GA’s sales. The evidence at trial established that the market for experienced HVAC salespersons was limited and that a replacement hire could not be made until September of 2006. In addition, Jesso knew that Comeau, the other senior salesperson would be leaving GA on the same day thereby putting GA in a significantly difficult position. In these particular circumstances, a notice period of two months would have been appropriate.
The Court awarded GA $35,164 representing the loss in sales suffered by GA over the two month period following Jesso’s resignation.