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Celebrating National Indigenous Peoples Day

Friday, June 21 is the longest day of the year and marks the changing of seasons. It is also a very important day for Indigenous Peoples (First Nations, Métis, Inuit). In 1982, this day was chosen to celebrate the land and the Indigenous Peoples and their cultures. It is also a public (statutory) holiday in the Northwest Territories and the Yukon.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a Quebec Superior Court decision regarding annual salaries, the CRA improvements for small and medium sized businesses and the Saskatchewan minimum wage increase in October.

 

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Court of appeal says no backpedaling allowed on employee resignation

Is an employer allowed to “re-hire” a long term employee on new terms if they retract their resignation? According to the Ontario Court of Appeal the answer seems to be yes.

 

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Top five things to consider when dismissing an employee

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

 

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Happy Tax Freedom Day!

Tax Freedom Day 2017

Happy tax freedom day (June 14) from the Fraser Institute. “Because governments impose a litany of taxes—some visible, some hidden—it’s very difficult for Canadians to get a clear sense of all the taxes they pay.

 

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When sharing is not caring: The high cost of breaching confidentiality

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new employment standards online tool in Ontario, distressed employees and benefits during the notice period.

 

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Requiring agility – How much can an employer change job duties?

How flexible can employers expect their employees to be when it comes to having their roles and duties changed? And how important are these promises of agility in the employment contract?

 

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Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

 

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Supreme Court to hear arguments about enforceability of arbitration clauses

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

 

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Common law reasonable notice of termination for independent contractors?

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with job offer acceptance, bonuses after the death of an employee and gender inequalities.

 

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Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

 

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Laying of criminal charges after dismissal does not delay limitations period

In Sosnowski v McEwan Petroleum ( 2019 ONSC 1860) Macleod-Beliveau J. had a situation where the following chronology applied:

 

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Calculating severance: What do the courts say?

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

 

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