Payroll

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

constructive dismissal, re-employment, recall to work, temporary layoff

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

November 8, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

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.

Day off with pay, employment law, general holiday, Holiday Act, IN FLANDERS FIELDS, Poppy Campaign, Public Holiday, Public Holiday Pay, Remembrance Day, Remembrance Day Act, Remembrance Day holiday rules, Statutory Holiday

Three popular articles this week on HRinfodesk

November 7, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

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

2020 payroll rates, employment contract, employment law, flexible workplace arrangements, sick leave, workplace flexibility

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

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.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

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

November 4, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Uncategorized, 0

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.

dismissal without cause, employment agreement, employment law, Notice of termination, shareholder agreement, statutory notice period

Racialized, foreign-trained lawyer discriminated against during interview

November 1, 2019 Rudner Law, Employment / HR Law & Mediation HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

ageism, discrimination based on age, discrimination based on race, employment law

Three popular articles this week on HRinfodesk

October 31, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

2020 payroll rates, accommodation, duty to accommodate, employment law, just cause dismissal

The (un)enforceability of non-competition agreements

October 30, 2019 Occasional Contributors Employee Relations, Human Resources, Payroll, Recruiting and Hiring, 0

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

employment law, non-competition agreement, non-competition clause, non-solicitation clause

Embracing the #MeToo movement

October 29, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

employment law, injury to dignity, sexual harassment, sexual harassment in the workplace, sexually harassed, workplace harassment policy

Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?

October 25, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.

termination with cause, termination without cause

Three popular articles this week on HRinfodesk

October 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

employment law, frustration of contract, frustration of employment contract, termination, working from home

Progressive discipline leads to termination for cause for poor performance

October 21, 2019 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

I sometimes hear lawyers tell the clients that upholding just cause for poor performance is almost impossible. Not so if the employer does it right.

employment law, just cause dismissal, poor performance, progressive discipline process, termination for poor performance, termination with cause

Employer ordered to pay $120,000.00 for discriminatory hiring practices

October 18, 2019 Vey Willetts LLP Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

The Human Rights Tribunal of Ontario has decided on a case concerning discriminatory hiring practices. In Haseeb v. Imperial Oil, Imperial Oil’s policy of requiring all project engineer job applicants to hold either Canadian citizenship or permanent residency in order to be eligible for employment.

discrimination on basis of citizenship, discriminatory hiring practices, employment law, Haseeb v Imperial Oil, Imperial Oil, permanence requirement, postgraduate work permit, residency status

Conscionability of release not appropriate for resolution by summary judgment

October 17, 2019 Sean Bawden Employee Relations, Human Resources, Payroll, Pensions and Benefits, 0

Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release claims to long-term disability benefits, the kind of issue appropriate for resolution by way of summary judgment?

Conscionability of release, employment law, long-term disability benefits, severance negotiation, short-term disability