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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Archives for October 2021

By | 5 Minutes Read

How effective are your systems of governance, risk, and control/compliance (GRC)?

The majority of internal audit functions perform a variety of audits every year and provide an opinion (ideally) or at least a list of risk-ranked weaknesses (far less than ideally) on the scope of each audit.

By | 3 Minutes Read

If the employer alleges just cause but fails to prove it, can they then rely on the not for cause clause?

In Humphrey v Mene (2021 ONSC 2539), the Employer first alleged just cause but withdrew the allegation before trial. The court found that the Employer had so mistreated the Plaintiff that their behaviour disentitled the Defendant from relying upon the Without Cause Termination Clause.

By | 3 Minutes Read

Old age and the duty to mitigate loss

Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.

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