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News and Discussions on Payroll, HR & Employment Law

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Notice, Damages and Settlements

Negligent misrepresentations during the interview process

The BC Court of Appeal decision in Feldstein v. 364 Northern Development Corporation provided employers with a reminder that negligent misrepresentation during the hiring process can prove to be a costly mistake.

 

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Changements majeurs au Code canadien du travail

Le projet de loi C-86, intitulé Loi no 2 d’exécution du budget de 2018 (la « Loi »), a reçu la sanction royale le 13 décembre 2018. La Loi apporte d’importants changements touchant les milieux de travail de réglementation fédérale assujettis au Code canadien du travail, dont la plupart entreront en vigueur de manière échelonnée en 2019.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with termination clauses, 2018-2019 payroll rates and changes to the Employment Insurance Act.

 

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Costs and legal tech

At SpringLaw we love legal tech and consequently a few recent cost decisions have caught our eye. In both Cass v. 1410088 Ontario Inc. (“Cass”) and Drummond v. The Cadillac Fairview Corp. Ltd. (“Drummond”) justices of the Ontario Superior Court made comments about artificial intelligence and legal research.

 

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Top five cases of importance to Ontario employment law – 2018 edition

2018 has been, compared to some other years, relatively quiet with respect to employment law jurisprudence. Sometimes that can be a good thing.

 

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Not a litigation tactic: The dangers of unfounded allegations of just cause for dismissal

The vast majority of employment relationships can be terminated at any time so long as the employer provides appropriate notice or pay in lieu of notice.

 

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Slate not wiped clean by release in context of share sale

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

 

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Top 10 Ontario employment law stories of 2018

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of
the year:

 

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Top 10 most-read First Reference Talks blog posts for 2018

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management.

 

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ONSC judge would have ordered at least 36 months reasonable notice – If requested

What is the appropriate notice period for a 62 year-old, 37 years tenured Senior Vice President, who is terminated without cause and left without any comparable employment opportunities?

 

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Differences between executive and non-executive employment contracts

Executive employment contracts are drafted, unusually, in favor of the employee, rather than the employer as is the case in 99% of all non-executive employment contracts. This is not unreasonable, however.

 

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Never too late: Court rejects employee’s attempt to avoid liability for theft

The case discussed in this article is both an encouraging sign for employers who are victims of employee theft, as well as a warning.

 

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Court of Appeal partially invalidates release of notice entitlements

This blog focuses on the issues surrounding statutory minimums and waiving out, leaving the issue of restrictive covenants raised in the cross appeal for another day.

 

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Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits.

 

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