Tag archives: supreme court of canada

Pension Benefits Should Not be Deducted from Pay in Lieu of Reasonable Notice: Supreme Court of Canada

The decision of the Supreme Court of Canada in IBM Canada Limited v Richard Waterman, [2013] 3 S.C.R. 985, considered whether employees’ pension benefits should be deducted from damages for wrongful dismissal. The majority concluded, on the facts of this case, that no such deduction should occur. The company dismissed a 65-year-old employee without cause after 42 years of service. The … Continue reading

Bargaining in Bad Faith Finding Upheld by Supreme Court of Canada

A very recent Supreme Court of Canada (SCC) decision, Canadian Artists’ Representation v National Gallery of Canada, considered the parameters of the duty to bargain in good faith.  The Court found that a labour tribunal’s conclusions regarding bargaining in bad faith were reasonable, where a company took a “rigid stance” it knew would not be acceptable to … Continue reading