First Reference Talks

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

Payroll

By | 4 Minutes Read

“Discretionary” bonus plans do not mean employers can do whatever they want

For years, I have said that there are two types of bonuses: discretionary or objectively calculated. Many employers use mixed wording which leads to ambiguity, and we know that any ambiguity in a contract will be interpreted contrary to the interests of the drafting party.

By | 1 Minute Read

BCSC holds that putting non-compliant employee on leave for violating vaccine mandate is NOT a constructive dismissal

In Parmar v. Tribe Management Inc., (2022 BCSC 1675) Justice MacNaughton ruled that a mandatory vaccine policy introduced in October of 2021 was reasonable and that on an objective basis a reasonable employee would not have considered the policy as a substantial imposition of an essential term of the agreement.

By | 2 Minutes Read

Court nixes valid termination clause because of illegal conflict of interest and confidentiality clause

In Henderson v. Slavkin et al., 2022 ONSC 2964 Justice Carole Brown dealt with the legality of an ESA Termination  Clause. The actual termination clause itself was found to be OK, but both the confidentiality clause and the conflict of interest clause had the following sentence.

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