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News and Discussions on Payroll, HR & Employment Law

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contract law

Changing one’s mind about retirement

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

 

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“Give me a raise or i’ll quit”: Has the employee resigned?

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.

 

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Non-disclosure clauses in human rights settlements: Understand them before you sign on the dotted line

At the Human Rights Tribunal of Ontario (the “Tribunal”), a settlement is sometimes reached without having to resort to a hearing. If so, parties will sign a “Minutes of Settlement” agreement, which will almost always contain a non-disclosure clause outlining what can be said, if anything, in regard to the settlement. In the event that a party breaches the non-disclosure agreement, they may find themselves returning to the Tribunal sooner than expected.

 

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Slaw: Court limits liability for mental suffering

In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages. Then in May of this year, the Court of Appeal reversed the lower court decision.

 

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