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Notice, Damages and Settlements

British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

 

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Top 10 employment law developments in 2017

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year.

 

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Employers beware: Punitive damages for improper just cause allegations

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

 

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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

 

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Short service employee gets four months’ pay in lieu of reasonable notice

Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors.

 

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Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

 

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The official word on unofficial bonus policies

On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements.

 

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Post-termination bonus entitlement

Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice.

 

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Case study: Why you need to periodically review your employment contract

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

 

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Top 5 mistakes employers make in their contracts

Employment contracts are a useful tool for employers. But often, employers make mistakes when creating their contracts. Here are five of the main mistakes to watch out for.

 

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Preferential treatment for employees with active WSIB claims not discriminatory

Generally, where no suitable work is available for an employee’s restrictions, employers are not required by human rights law to accommodate a disabled employee by generating new positions for them.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

 

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Bad faith dismissals: is medical evidence required to prove damages?

The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time.  Welcome guidance was provided by the Supreme Court of Canada this past summer.

 

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