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Payroll

Constructive dismissals – not blank cheque to refuse re-employment

A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.

 

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Termination clause update: New developments concerning benefit continuation and just cause language

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

 

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Family Day February 18: Which provinces have a day off with pay?

Family Day, Monday, February 18 is celebrated in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the length of the notice period, reasonable grounds for dismissal and mandatory JHSC training moving online.

 

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Review of Ontario human rights damages in 2018: New high watermarks

2018 marks an exceptional year for developments in the Ontario human rights remedies realm.

 

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Rise of the machines in the workplace

Is your workplace about to be automated? A recent study by McKinsey & Company suggests that about half of the activities (not jobs) carried out by workers could be automated right now with currently available technologies.

 

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Wrongful dismissal update: Recent case is a cause for concern

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It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

 

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Over $3 million in adjustments following wage gap monitoring: continued need for monitoring is clear

Ontario’s Pay Equity Commission recently released results of the Wage Gap Monitoring Program 2018. And it’s clear that there is a continued need for monitoring.

 

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Is 36 months the new 24?

For a long time, the common law notice period had an “unofficial” cap of 24 months, which was generally reserved for very long-service, senior level management. In recent years, things have changed and longer notice periods are becoming the norm.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with record retention, video surveillance and the wage gap.

 

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The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

 

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Time as an independent contractor can be considered in the calculation of severance

This case demonstrates that employers need to know that if they hire their independent contractors into a genuine “employee” position, that time they spent as an independent contractor may be calculated in establishing their right to severance.

 

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Simply complying with the ESA not enough to rebut common law presumption of entitlement to reasonable notice – ON Divisional Court

Is the sole requirement to rebut the common law presumption of termination only upon reasonable notice that the contractual termination clause comply with the ESA, or is something else required?

 

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Potential reprisal complaint on the horizon? Act fast!

Where an employee may argue that they were terminated due to raising health and safety or workplace violence/harassment concerns, they have an avenue for redress open to them under the Occupational Health and Safety Act.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with motor vehicle allowances, upcoming employment law changes and employer-provided transportation from the CRA’s perspective.

 

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