HOLL V. THE FOUNDATION FOR STUDENT ACHIEVEMENT
JUNE 1 2020 - CASE UPDATE
The Foundation Canada has been forced to contract the services of a Toronto based Collection Agency to collect on the judgement debt related to the failed lawsuits by previous fundraising staff member.
An email request to the past employees legal counsel in March of 2020 was ignored and a subsequent email was sent with demand for payment in May 2020. An offer was put forth by the past employee and his counsel to settle along with the request for a "Gag order" to be placed on the Foundation in regards to any reference to past employee or this case; which was not acceptable to the Foundation and was declined. A deadline of end of day June 1st was issued via email or collections proceedings would be commenced.
The Foundation received no reply from either the past employee or his counsel and have commenced collection proceedings which will unfortunately now cost the Foundation 30% of the judgement amount. Yet again, further taking from the funds required to support the youth in our program.
The Foundation posts this information to advise and keep up to date their supporters and donors. To date, the Foundation has been required to spend in excess of $25,000 in donor funds in defending and winning against the past employees failed claims.
FEBRUARY 2020 - CASE UPDATE
The Foundation Canada is pleased to announce our success in winning the appeal brought forth by a past employee in his wrongful dismissal lawsuit. The Foundations legal team at Chsherbinin Litigation successfully argued that the provisions of the employment agreement signed by the past employee, were in fact valid and enforceable. The Foundation was also awarded legal fees associated with the appeal in addition to the legal fees awarded in the first court win.
We are pleased to move forward with this matter now completed and behind us.
OCTOBER 31, 2018
Please see the link below to the Ontario Superior Court’s decision regarding a lawsuit by the Foundation’s former employee. The past employee was terminated without cause within the first year of his employment. Following his dismissal, the past employee sent a written demand letter which was not agreeable to the Foundation based on the fact that the past employee (when hired), signed and agreed to an employment agreement that clearly spelled out his entitlements at dismissal. The past employee subsequently chose to launch a wrongful dismissal lawsuit in which he repeated his demand for 6 months’ compensation after less than 12 months of employment. The court agreed with the Foundation and dismissed the past employees claim in its entirety in addition to awarding costs against him to be paid to the Foundation. The past employee is currently appealing the court’s decision.
During the trial, the Foundation was concerned to hear that the past employee omitted and deflated some of his prior achievements in order to qualify for a broader range of employment opportunities, (including his role with the Foundation). Public transcripts related to these statements made by the past employee confirm these resume omissions or adjustments in his testimony.
Regrettably, the Foundation had no choice but to defend against the past employees action, which meant that its limited resources have been diverted from the Foundation’s various programs that are designed to support youth in at-risk communities.
The Foundation would like to specially thank the team at Chsherbinin Litigation – www.nclaw.ca – for their legal expertise.