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damage award

Silence proves costly: employment agreements and reasonable notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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Case clarifies what is meant by ‘common employer’

The Ontario Superior Court of Justice recently decided that an employee was wrongfully dismissed and entitled to $20,363 in damages. The problem was that the damage award was made against two companies that were no longer in operation and without assets to pay the judgment. A related company that did have assets to pay the award was found not to be a common employer and was thus not liable.

 

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First damage award in PIPEDA case

Here’s something readers might want to know about: the Federal Court has awarded damages in a case based on the Personal Information Protection and Electronic Documents Act. Why is that special? Well, it’s the first damages award in the 10-year history of the Act.

 

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