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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the CRA’s new payment on filing policy, termination provisions and employment insurance benefits.

 

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Failing to abide by confidentiality provisions in a settlement agreement can cost you your settlement payment

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.

 

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Financial disclosure required for sentencing only in exceptional circumstances

A recent decision from the Ontario Court of Justice suggests that extraordinary circumstances are required in order for a defendant to be compelled to produce financial documents to the Crown for the purposes of a sentencing hearing.

 

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OCA distinguishes employee rights v shareholder rights

In Mikelsteins v Morrison Herschfield Ltd. (2019 ONCA 515) the Court of Appeal revised a trial decision where an executive was given 26 months notice. The Plaintiff, in addition to his salary, was a shareholder in this private company and as such received dividends from time to time.

 

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Calculating the upper end of the range of reasonable notice period for senior employees

The Ontario Court of Appeal observed that calculating reasonable notice is “case-specific” and, while there is “no absolute upper limit or ‘cap’ on what constitutes reasonable notice, “exceptional circumstances” may support a notice period in excess of 24 months.

 

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New accessibility legislation: The Accessible Canada Act

On June 21st, 2019, the Accessible Canada Act received royal assent. This new federal accessibility legislation in Canada aims to achieve the goal of a barrier-free Canada by the year 2040.

 

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Court of Appeal finds employee’s “unequivocal” resignation equivocal

In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation.

 

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Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

 

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Fixed-term contract costs employer $1.2 million in severance

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

 

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5 questions to consider when exploring the duty to accommodate

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

 

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Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

 

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Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

 

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Workplace data theft – Protect your company with best practices

The Capital One Data Breach has been big news lately, and for good reason. It’s a big deal. This breach compromised the data of over 100 million Capital One customers. Instead of a shadowy overseas hacker or a creepy crawler from the dark web, the hacker was a former employee of the cloud hosting company through which Capital One stored their data.

 

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Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

 

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PIPEDA Interpretation Bulletin regarding safeguards

The Privacy Commissioner of Canada has an Interpretation Bulletin dealing with privacy safeguards that can serve as helpful guidance for organizations who are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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