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News and Discussions on Payroll, HR & Employment Law

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Pensions and Benefits

When can LTD benefits frustrate an employment contract?

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

 

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Managing and addressing workplace developments caused by the spread of Coronavirus

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

 

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2019-2020 federal government departmental mandates of interest to employers

Canadian Prime Minister Justin Trudeau has released the mandate letters for each of the 37 cabinet Ministers of his minority Liberal government.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace etiquette, 2020 payroll rates and the federal government’s mandate letters.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Ontario no smoking signs, constructive dismissal and harassment as well as 2020 payroll rates.

 

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Top 10 most-read First Reference Talks blog posts for 2019

This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.

 

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Denial of employee benefits to working seniors: a charter violation

On May 18, 2018, the Human Rights Tribunal of Ontario rendered its decision with respect to the issue of whether s. 25(2.1) of the Human Rights Code, when read alongside s. 44 of the Employment Standards Act, 2000, permitted employers to terminate benefits for employees when they turned 65. In Talos v. Grand Erie District School Board, the Tribunal found that such a termination violated s. 15 of the Canadian Charter of Rights and Freedoms, because it was a form of age discrimination.

 

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Entitlements to public holidays during the holiday season

There are a number of upcoming public (statutory or general) holidays that require employers to provide paid days off to employees. Below, we have summarized some the most important obligations with respect to those holidays.

 

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Work is work: Duration of dependent contractor status to be included in notice calculations

In the recent decision of Cormier v. St. Joseph Communications, the Court of Appeal upheld a motion judge’s finding that when calculating reasonable notice periods, an employee is entitled to include the duration of time they were an dependent contractor. This case highlights the risks posed by evolving employment relationships and the importance of drafting legally defensible termination clauses.

 

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Informal work should still be governed by “formal” employment contracts

There is certainly no “one size fits all” model when it comes to a written employment contract. The agreement doesn’t need to be long or complicated… or “formal”, but it is perhaps naïve in today’s work environment, including in the “gig economy”, to believe that the good natured feelings present at the beginning of the work relationship will always be there, or that you’ll part ways with a temporary or short-term employee on good terms in every instance; or to believe that everyone is in agreement as to just how “independent” the employee is.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with 2020 payroll rates, compensation and disability accommodation, and a case of sexual harassment.

 

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Stock rights are distinct from employment contract rights

It is the terms of an Equity Agreement, Shareholders’ Agreement or Stock Plan that determine employees’ rights with respect to shares. The common law relating to compensation for breaches of a contract of employment (i.e. reasonable notice) does not apply to shares where there is a distinct and separate agreement.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with holiday parties and workplace policies, 2020 payroll rates and compensation planning for 2020.

 

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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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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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