common law

Reinstatement of employment at the Human Rights Tribunal

November 23, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

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 enforces simple probation clause

August 24, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

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HR law and payroll 2017, what is in store?

January 3, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.

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Termination clauses – The legal debate

November 4, 2016 Stuart Rudner, Rudner Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual’s entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.

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Using summary trials in a wrongful dismissal action

October 5, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. But what if someone can have their day in court without the time and expense of trial and discoveries? In many wrongful dismissal cases, a summary judgment application may provide just that.

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Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause

August 3, 2016 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.

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Top 4 mistakes US employers make when expanding into Canada

July 13, 2016 Lisa Stam, Spring Law Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, International Payroll, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

With the hot Toronto tech skills market and the favourable dollar exchange, US employers are increasingly looking north of the border to expand for new business and for new talent. Here are four common mistakes US employers will want to avoid:

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Contracts and employment agreements

July 6, 2016 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

All employment relationships in Ontario are deemed to be contractual, whether or not a written contract is in place between the parties. When there is no written contract, the common law (judge-made law) imports a number of obligations into the contract that will bind the employer and the employee.

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Fixed-term fiasco: Employee profits off of termination of term contract #learnthelatest

April 26, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period.

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Small claims court rules termination clause that violates ESA in future is unenforceable

April 14, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

This decision is another reminder to employers to ensure that termination clauses provide for all entitlements prescribed by the Employment Standards Act in order for them to be considered valid and enforceable. The company in this case should never have carved out its obligation to provide statutory Severance Pay.

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Working through the notice period

February 5, 2016 Stuart Rudner, Rudner Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.

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Dismissal without just cause: not necessarily “unjust dismissal” under the Canada Labour Code

September 25, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

In Wilson v. Atomic Energy of Canada Limited, the Federal Court of Appeal has clarified the impact of the Canada Labour Code on an employer’s ability to dismiss employees without cause.

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Three popular articles this week on HRinfodesk

September 10, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with changes to employment agreements; consequences of employee comments; and, opinions from non-doctor health and medical professionals.

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Common traps that many Ontario employers fall into in the course of termination

February 6, 2015 Stuart Rudner, Rudner Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

This post is focused on common traps that many employers fall into in the course of termination. While it is written from the perspective of employers, each of these points applies equally to employees, since an individual that misunderstands these issues will fail to enforce their legal rights and end up leaving substantial amounts of money on the table when they lose their job.

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How much notice of resignation must an employee provide?

December 8, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

It is a commonly held belief that employees must provide two weeks’ notice when they resign from their employment. However, this blanket statement does not necessarily reflect the applicable legal requirements. While two weeks’ notice is appropriate in many cases, some employees may be required to provide less notice, and other employees may be required […]

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