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Employment/Labour Standards

Calculating the upper end of the range of reasonable notice period for senior employees

The Ontario Court of Appeal observed that calculating reasonable notice is “case-specific” and, while there is “no absolute upper limit or ‘cap’ on what constitutes reasonable notice, “exceptional circumstances” may support a notice period in excess of 24 months.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with rescinding a retirement notice, an employee class action lawsuit against RBC Life Insurance and retaining top talent.

 

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Fixed-term contract costs employer $1.2 million in severance

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

 

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Mind the (gender wage) gap: What lies ahead for Ontario employers

This past month, the US Women’s National Soccer Team made headlines amid their World Cup run by pushing for pay equality with their counterparts on the men’s team, leading to support from sponsors and the US Senate. So what is the big deal about gender/sex discrimination in compensation and should Ontario employers be concerned?

 

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Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

 

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Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

 

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Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

 

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Reinstatement is a potential remedy, but not in this case

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with supporting return to work, assessing job applicants with temporary work experience and rolling back labour relations reforms.

 

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Do all arbitration clauses in employment agreements violate the ESA?

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

 

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Can an employee take back a resignation even if the employer accepted it?

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the aging workforce implications, calculation of reasonable notice for a contractor and the significant changes to the Canada Labour Code coming into force in September.

 

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Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

 

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The most common mistakes made in Quebec vacation policies

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards. In this post, we identify four of the most common errors and misconceptions made by employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

 

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