We handle cases with significant financial elements and complexities, including stock systems, incentives, pension losses, emotional injury, and cases related to regulatory and stock market requirements. We are tenacious and yet pragmatic. We are happy to sit behind the scenes and offer “coaching” to leaders who prefer to negotiate their own agreements or, where appropriate, we take care of all issues directly. We are proud of our track record, comparing our customers to very satisfactory comparisons, without the need for cases to reach the press. Given the scale and speed with which many companies will negotiate, the potential for costly mistakes is enormous and benchmarking agreements are a viable instrument to solve some of the challenges. Our team of experienced labour law experts are experts in what they do and have a successful track record of helping executives negotiate severance pay and comparisons. In this situation, the company may feel that it is necessary to use a settlement agreement in order to avoid the potential of a costly labour court that could see the employee awarded substantial compensation. The development of such provisions and other positive obligations imposed on outgoing managers should be carefully considered. The Recent High Court decision in Duchy Farm Kennels Limited v Graham William Steel Cavanagh J described the confidentiality clause of an Acas COT3 agreement – which was not expressed as a condition – as a general provision that is almost evident in an employment agreement. Their inclusion did not indicate that confidentiality was of the utmost importance, if not of great importance, to the parties.
The employer was not entitled to stop paying outstanding instalments, since the provision at issue was an “interim period” and not a condition and it had not demonstrated, on the basis of the facts, that the infringement committed by the worker was sufficiently serious to be a refusal. However, before a settlement agreement can be concluded, their terms must be mutually agreed between the employer and the worker and set out in the written contractual documents. However, it is important to note that a settlement agreement cannot compel a worker to waive his or her right to personal injury rights of which the worker was not aware at the time the agreement was signed. WINNIPEG, MB, Nov. 30, 2020 /CNW/ – Artis Real Estate Investment Trust (“Artis” or “REIT”) (TSX: AX. UN) announced today that it has reached an agreement with the Sandpiper Group (“Sandpiper”) to withdraw its request for a general meeting and ongoing litigation. Pursuant to the terms of the agreement, four existing agents, Armin Martens, Edward Warkentin, Wayne Townsend and Bruce Jack, have submitted their resignations from the Artis Board of Directors with immediate effect. Sandpiper`s five appointees: Heather-Anne Irwin, Samir Manji, Mike Shaikh, Aida Tammer and Lis Wigmore are added to the Board of Directors. Armin Martens, President & CEO, will retire effective December 31, 2020 and Jim Green, Chief Executive Officer, will retire effective at the close of the 2021 Annual General Meeting. “We are pleased to have reached an agreement with Sandpiper that Artis believes is in the best interests of the REIT and all its shareholders,” wrote Tina Chander Edward Warkentin, Chairman of the Board. The newly constituted Board of Directors will ensure continuity and add new agents with a wide range of experience and expertise.
The Board of Directors and management remain committed to ensuring that this transition is done in an orderly and responsible manner, to the benefit of all Artis stakeholders. On behalf of the Board of Directors, we would like to thank Armin for his leadership and contributions to Artis over the years.. . .