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commissions

By McCarthy Tétrault LLP | 5 Minutes Read December 20, 2019

Firepower: Guidance on whether commissions owed to salespersons are held in trust by a business and outside of insolvency

In Firepower Debt GP Inc. v. TheRedPin, Inc., 2019 ONCA 903 (“Firepower”), the Ontario Court of Appeal recently affirmed a decision of Justice Penny that commissions held by an insolvent real estate brokerage but owed to real estate salespersons were not held in trust and were thus subject to the security of the brokerage’s lenders.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting, Payroll / bankruptcy, commission trust, commissions, employment contracts, financial statements, Insolvency, salesperson

By Occasional Contributors | 3 Minutes Read July 16, 2015

Employees and independent contractors: The changing nature of employment

Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the organization’s flexibility and obtain special expertise on an as-needed basis. Historically, organizations have been subject to statutory and common law duties in relation to their employees which have not been applied when organizations retain independent contractors. Case law over the past ten years suggests that the classic distinction between employees and independent contractors is becoming blurred.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll, Union Relations / changing nature of employment, commissions, common law reasonable notice, damages for unjust dismissal, distinction between an employee and an independent contractor, Employees and independent contractors, employer-employee relationship, employment contract, employment law, employment relationship, financial compensation, independent contractor relationship, reasonable notice, statutory and common law duties

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 4 Minutes Read January 3, 2013

Bonuses and employment/labour standards entitlements

As the managing editor of The Human Resources Advisor and Human Resources PolicyPro, I am often asked for clarification on bonuses and employment/labour standards entitlements. Essentially, should bonuses be included in the calculation of vacation pay and public holiday pay entitlements, and why?

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Payroll / 12-month vacation entitlement year, bonus, bonus policy, bonuses, calculation of vacation pay and public holiday pay entitlements, clarification on bonuses and employment/labour standards entitlements, commissions, discretionary, employment law, employment/labour standards entitlements, exclude bonuses from the definition of wages, gross earnings, Human Resources PolicyPro, non-discretionary, percentage of the gross earnings, Planning for bonuses, policies and procedures, production or efficiency, Public Holiday Pay, regular earnings, related to hours of work, Severance pay, stub period, taxes and statutory deductions, termination pay, The Human Resources Advisor, vacation pay, wages

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