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settlement

Dealing with a Claim: Getting sued by an ex-employee

What is an employer to do when served with a Statement of Claim? Here are the most common questions we get: 1. Is a response mandatory or can we ignore the claim? 2. How do we get rid of this ridiculous claim? 3. How much is this going to cost?

 

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3 tax tips for employers: Negotiating a settlement

Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. The main goal in almost all negotiations for an employee is to extract a large payout, while the goal for the employer is to settle the claim while paying out as little as possible. Though lawyers use different techniques for extracting these results for their clients, I wanted to share three simple tips that are often overlooked when employers are negotiating a settlement.

 

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Despite settlement breach, an award of compensation not warranted

Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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Even in the absence of a release, employee who accepted a termination package not entitled to additional damages

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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Don’t wait until the last minute to settle at the Tribunal

Employers face a choice when confronted with a human rights application from an employee or former employee: settle or defend.

 

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Allocation of settlement funds in wrongful dismissal – between taxable and tax exempt

Damages for wrongful dismissal are intended primarily to compensate the dismissed employee for income lost due to the dismissal. As such, the amount of such compensation, whether as a result of a settlement or a judgment by the court is, prima facie, taxable.

 

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