salary continuance

Tax and employment insurance issues when settling dismissal claims

February 2, 2012 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.

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The fine art of determining notice for dismissal: ‘old habits die hard’

November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.

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Practical advice regarding dismissed employees and mitigation

October 19, 2011 Andrew Taillon Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Most employers are aware that any dismissed employee has a duty to mitigate. Usually, this duty arises in the determination of an appropriate severance payment to an employee. Where an employee contests the severance, the duty to mitigate will undoubtedly apply as part of the matrix of calculations to be determined.