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Human Resources

OCA denies $953,000 “commission” over notice period

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

 

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2020 influenza

Flu season generally runs from October to April each year. The Flu is a respiratory (i.e., nose, throat, and lung) infection that can be caused by a variety of viruses. For most people, the Flu lasts 1 to 2 weeks. Ensure that your workplace is prepared for this flu season to ensure the protection of your workers.

 

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Is the termination clause in my employment agreement enforceable?

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

 

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Will saving provisions no longer save us?

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so.

 

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Dealing with employee misconceptions regarding LTD

Long-term disability (“LTD”) coverage is often a key benefit employees derive from their employment. LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. Today we deal with some common misconceptions that employers may face when attempting to manage an employee’s absence due to disability.

 

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Year end checklist: Upcoming AODA deadlines

Due to the expansive nature and implementation of the AODA standards, the AODA has embedded deadlines for compliance. The compliance deadline dates vary depending on the size of the organization and the industry sector. The upcoming AODA compliance deadlines are as follows:

 

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Post-#MeToo: Confidentiality restrictions may go the way of the dodo

An NDA is a non-disclosure agreement. It is a restriction on a person’s ability to share, post or use certain information or documents. The subject matter of an NDA is usually set out in writing, but there are some implicit, common law restrictions on disclosing another individual’s or entity’s confidential or proprietary information and documents.

 

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Employee has right to change mind about resignation: ONCA

Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?

 

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Wrongful dismissal update: Alleging just cause is a legal minefield

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

 

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Restructuring tools to minimize the risk of successful constructive dismissal claims

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

 

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Remembrance Day, a public holiday for some, memorial day for others

Remembrance Day falls on Monday, November 11, in 2019. Although Remembrance Day was declared a legal holiday like Canada Day and Victoria Day under the federal Holidays Act on March 1, 2018, provinces and territories determine which days are public holidays in their regions.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with employment contracts, 2020 payroll rates and illness in the workplace.

 

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How an external investigation actually saved money for an employer

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

 

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Mandatory data breach reporting – a message from the Privacy Commissioner of Canada

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On October 31, 2019, the Office of the Privacy Commissioner of Canada shared what has been learned and what businesses need to know with respect to mandatory data breach reporting under Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

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In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

 

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