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common law entitlement

By Barry B. Fisher LL.B. | 2 Minutes Read November 28, 2022

Employer wacked with $55,000 of moral and punitive damages

In Pohl v Hudson’s Bay Company (2022 ONSC 5230) Justice Centa awarded at 53 year old Sales Manager with 28 years service a notice period of 24 months. No surprise there. However,

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / CEWS, common law entitlement, employment contract, employment law, employment standards act, moral and punitive damages, reasonable notice, ROE, Severance pay, termination Leave a Comment

By Vey Willetts LLP | 4 Minutes Read September 16, 2022

Termination clause update: ousting the common law and the danger of fixed penalties

A "termination clause" is a type of contractual term which specifies entitlements owed to a worker at the end of their employment. They come in many different shapes and sizes. Whatever the construction, the usual motivation for employers in drafting termination clauses is to control costs and provide for certainty at the end of the employment relationship.

Article by Vey Willetts LLP / Employment Standards, Payroll / common law entitlement, confidential information, conflict of interest clause, employment contract, employment law, fixed penalties, notice entitlement, reasonable notice, severance, termination, Termination clause Leave a Comment

By McCarthy Tétrault LLP | 3 Minutes Read December 9, 2019

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

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