Showing posts with label Rescission. Show all posts
Showing posts with label Rescission. Show all posts

Wednesday, 3 April 2019

Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds

If an employer dismisses an employee without cause, pays the employee a considerable amount for severance, and the parties sign a full and final mutual release absolving each other from any further claims, can the employer, upon discovering the fact that the employee had lied about his actions while employed, successfully sue the employee for the recovery of the severance funds?

Yes, says the Court of Appeal for Ontario in the case of York University v. Markicevic, 2018 ONCA 893 (CanLII).