Reclassification of employee notice and expansion of fiduciary responsibilities triggers warning to Canadian companies and employees alike
Ottawa, Canada (PRWEB) October 28, 2009 -- Mxi Technologies today announced that it has filed its notice of appeal from Court File No. 98-CV-5929-000 (reasons for judgment issued September 25, 2009) in the GasTOPS vs Mxi lawsuit. Justice Thomas Granger of the Ontario Superior Court ruled that the personal defendants had breached their duty to provide reasonable notice upon resignation and had breached their fiduciary duties to their past employer. In Mr. Justice Granger's view, the personal defendants ought to have provided 10 months notice of resignation and owed a fiduciary duty to GasTOPS for a period of 10 years that prevented the personal defendants from using their skills and knowhow and having contact with prospective customers or customers of GasTOPS during that 10 year period. This is a dramatic departure from current Canadian employment law and one which would fundamentally change how companies look at innovation, entrepreneurial start-ups, and employment mobility.
Mxi Technologies has appealed these findings and challenged the award of damages and the conduct of the trial itself. This case represents one of Canada's longest standing civil cases spanning nearly thirteen years.
About Mxi Technologies
Mxi Technologies provides integrated, intelligent aviation maintenance management software, bringing innovation and thought leadership to aviation organizations seeking to improve their productivity. The Mxi Maintenix® software uses a modern architecture and provides advanced capabilities such as a role-based Web browser interface, automated workflow, integration adapters, electronic signatures, and support for portable wireless devices. In addition to supplying Maintenix, Mxi provides a full range of services including Maintenix implementation, business consulting, systems integration, training, and support. For more information, please visit mxi.com
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