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settlement agreement

Alleged breach of settlement agreement

It happens every now and then: the parties to a wrongful dismissal dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they do so?

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with Ontario AODA requirements for 2016; EI premium rates for 2016; and the duty to mitigate.

 

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If it looks like theft and quacks like theft…the employer may still pay!

While employee theft is frequently grounds for termination, shades of grey do appear in the case law.  In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with end of the year 2012 and what’s new for payroll 2013, a pension plan member passes away with two spouses, and a breach of confidentiality in a settlement agreement.

 

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