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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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Managing marijuana in the workplace

The Tribunal’s helpful statement in this case that an employee does not have an absolute right to use marijuana in the workplace and that it would be unreasonable to expect an employer to formally test an employee to determine the level of impairment before it could raise health and safety concerns should provide employers with some reassurance.

 

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Q&A: Laying out progressive discipline in the employment contract

Does progressive discipline need to be expressly written into the employment contract? If yes, do all steps need to be laid out in writing? Or is it on a case-by-case basis?

 

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Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

 

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When key employees leave

The departure of a key employee can create uncertainty and destabilize the rest of the office, let alone impact the value of the company if the key employee is particularly high profile. Employers should have a plan in place to provide the right messaging to employees.

 

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Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to personal income tax in Ontario, the legalization of cannabis and its effect on the workplace and a decision in a case of termination of an employee following a workplace harassment complaint.

 

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Right to terminate BUT in good faith

The decision in this case confirms that termination clauses will not be voided where there is no good reason to do so.

 

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Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

 

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Ontario employment law update: Mid-year report

Much has changed in recent weeks. The Liberal party has been replaced by the PC party as the governing party in Ontario, recreational-use cannabis will become legal on October 17, 2018, more employment standards inspectors have been hired and trained and are now conducting workplace inspections to ensure that employers are complying with Ontario’s Employment Standards Act, and there’s more.

 

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Off-duty drunk driving not just cause for termination – Even for a firefighter

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with terminating independent contractors, offering a promotion without a pay increase and BC’s new employer health tax.

 

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