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Notice, Damages and Settlements

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

It is important for businesses to carefully consider their response to an employee’s wrongful dismissal claim.

 

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Law firm loses to ex-lawyer over unpaid vacation and holiday pay

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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Will a judge enforce the termination clause in your organization’s employment contract?

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

 

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Can an employer sue an employee for compensation?

The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.

 

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Supreme Court of Canada upholds workers’ compensation order against site owner

The decision in this case is an important reminder about an owner’s worksite safety obligations. Owners must ensure the health and safety of their own employees, as well as the employees of other contractors on site.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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Court disregards release where settlement “unconscionable”

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.

 

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Severance for sales people

This article examines whether employers must include commissions, in addition to base salary, when calculating severance pay for sales people.

 

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Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

 

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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

 

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Ontario Court of Appeal finds clarity in termination clause

The Court’s reversal in this case, while favourable to employers, emphasizes the occasional unpredictability of the law in this area. It is prudent to periodically review your contractual termination provisions for new hires.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with bonus payments during the notice period, the revised OHIP+ and wages by occupations for 2017.

 

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Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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