pay in lieu of notice
April 5, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources,
Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.
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March 11, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits,
If an employee negotiates a termination package with an employer but does not sign a release, can they successfully claim additional pay in lieu of notice in a court action? Interestingly, the Ontario Superior Court recently held that the answer for one employee in these circumstances was “no”.
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February 7, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with extended health care plan payments, the review of existing employment contracts and the possible taxable benefit of employer-provided cars.
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October 4, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
There is significant confusion regarding how periods of leave are to be treated when entitlements are based upon length of service; this included the amount of notice of dismissal that may be required…
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August 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
There is an implied term of the employment contract that when an employee is terminated without cause, they will be provided reasonable notice of termination. (Of course, an employer can avoid the reasonable notice requirement by including an express provision regarding termination in the employment contract.)
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August 2, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation,
Last year, I reminded employers of the danger of failing to continue disability benefits after dismissing an employee and providing pay in lieu of notice. An important case has now passed through the Ontario Court of Appeal…
Brito v. Canac Kitchens, common-law notice period, contract of employment, Disability, disability coverage, disability insurance, Dismissal, dismissing an employee, employment contract, employment law, employment standards act, employment-related benefits, lump-sum payment, notice of dismissal, notice period, Ontario Superior Court of Justice, pay in lieu of notice, reasonable opportunity to seek new employment, salary and benefit continuance, termination without cause, terminations, working notice
June 8, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting,
Our federal government’s recent introduction of proposed reforms to the employment insurance system has prompted the expected furor from both sides of the debate…
EI benefits, Employment Insurance, employment insurance system, employment law, HR, pay in lieu of notice, terminated without notice, termination, termination notice, workplace investigation
August 4, 2011 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
I always advise clients to consider their options when they must dismiss an individual (assuming it is without cause). Rather than automatically offering a package, and paying the employee not to work, I encourage our clients to consider whether a period of working notice could be viable. By doing so, at least they would get some value for their money. However, I often think back to a comment made by Mr. Justice Donnelly of the Ontario Superior Court of Justice, who, in the course of considering a wrongful dismissal claim, opined that “[w]orking notice is an institution almost invariably predestined to fail.”
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May 31, 2011 Earl Altman Employment/Labour Standards, Human Resources
A recent Ontario Court of Appeal decision dealt with a number of issues arising from the dismissal without cause or notice of a senior vice-president of an investment company. One of the more difficult issues addressed at trial, and considered by the Court of Appeal, was the trigger date for the right of the employer to re-purchase the employee’s two percent interest in the company.
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Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
