Can an employer delay the termination of an employee by a year?
Manitoba, Canada
The following excerpt is from Musaphir v. Canadadrugs.Com Partnership et al., 2007 MBQB 52 (CanLII):
It is also true that my interpretation of the termination clause does leave it open for the employer to delay the termination until the very eve of the expiry of the one-year period and then claim that the employee should get no bonus. That would lead to the situation contemplated in Bowen v. Ritchie Bros. In such a case equity might intervene, but again that is not this case. Even so, the termination clause states that the salary is to be without any bonus or benefits during the notice period “irrespective of when such notice is communicated to the employee”.
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