I have already discussed some of the main employment law themes of 2022, but here are some additional cases that changed the law in the last year:
In Wisser vs. CEM Management Consultants Ltd., the Alberta Court of Queen’s Bench ruled in favour of an employee based on the “oppression remedy,” which is more commonly used in all provinces in disputes involving officers, directors and creditors who have been oppressed by the majority shareholder.
“One only need put oneself in Mr. Wisser’s shoes for a moment to consider how unfair it would feel to advance a well-grounded claim for severance only to watch the corporate directors transfer the remaining assets of that company to themselves and then create a new company to carry on the same business but without any obligation to pay you the severance you were entitled to from the outset,” the court said.
“Mr. Wisser had a reasonable expectation that the corporation’s business and assets would not be unfairly re-structured to benefit management at his expense. I find that he is a proper person to advance the oppression claim as described herein. The only thing accomplished by re-starting their business under a new corporate identity was to shed any liability for Mr. Wisser’s severance.”
James Wisser was thereby able to obtain severance against the directors of CEM Management Consultants as well as against the third party that purchased the company’s...
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