compensation

OCA denies $953,000 “commission” over notice period

November 25, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

bonus and commission, commission, compensation, constructive dismissal, contract of employment, employment law, good faith, notice period

Three popular articles this week on HRinfodesk

August 15, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with the duty to accommodate family status, rising insured health care and a privacy breach.

compensation, duty to accommodate, personal information, privacy breach

Ontario, Alberta and British Columbia statutory pay guide

February 22, 2019 Jeff Dutton, Dutton Employment Law Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Employment standards laws in Ontario, Alberta and British Columbia prescribe minimum overtime pay, minimum statutory holiday pay, minimum vacation pay and minimum wage.

compensation, employment law, Statutory holiday pay

Law firm loses to ex-lawyer over unpaid vacation and holiday pay

September 14, 2018 Occasional Contributors Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

carefully drafting termination clauses in employment contracts, compensation, employment contract, employment law, holiday pay, unpaid vacation and holiday pay, vacation pay

Three popular articles this week on HRinfodesk

August 30, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Wages and Compensation

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

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Three popular articles this week on HRinfodesk

June 7, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Payroll, Privacy and Security, Wages and Compensation

The three popular articles this week on HRinfodesk deal with jury pay, the EU’s new GDPR and a study of wages for people up to the age of 40.

compensation, employment law, GDPR, General Data Protection Regulation, jury pay

Proposed changes to the Quebec Act respecting labour standards: What employers need to know

May 24, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.

Act Respecting Labour Standards, compensation, employee benefits, employment agencies, employment law, hours of work, Leaves of absence, pension plans, personnel placement agency

New compensation rules will affect all Ontario employers

May 23, 2018 Occasional Contributors Human Resources, Human Rights, Payroll, Wages and Compensation

Before the Ontario legislature closed for business pending the outcome of the June 7 election, Ontario enacted Bill 3, which imposes new obligations on employers relating to the hiring process and the reporting of workplace compensation. Bill 3 presents new risks but also opportunities for all employers in the province.

compensation, compensation gaps based on gender, employment law, gender-based pay gaps, pay, pay equity, pay equity act, Pay Transparency Act 2018, wages

Three popular articles this week on HRinfodesk

February 1, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with wage compression, New Year’s resolutions for employers and how compliance with occupational health and safety regulations may not be good enough.

compensation, employment law, general duty of care, health safety, new year’s resolutions, occupational health and safety act, OHSA, wage compression, wages

Must you include bonuses when calculating lost wages?

August 18, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.

Bain v. UBS, Bonus entitlement on termination, bonuses, compensation, Compensation package, employment contract, employment law, lost wages, reasonable notice, termination, wrongful dismissal

New minimum wage increase in Ontario

September 20, 2016 Beyond Rewards Inc Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation

Minimum wage is the lowest wage rate an employer can legally pay their employee. Ontario has one of the highest minimum wage rates; as of October 1st, 2016 Ontario’s minimum wage rate will be increasing. The majority of employees are entitled to minimum wage, including casual employees, full-time and part-time employees, and those paid an hourly rate, piece rate, flat rate, salary, or commission. Although, there are some exemptions from minimum wage provisions of the Employment Standards Act.

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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

March 30, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

74 of Dodds v. 2008573 Injury to Dignity, compensation, damages, discrimination, discrimination on the grounds of sex, Dismissal, duty to accommodate, Employment Insurance (“E.I.”) maternity benefits, employment law, employment relationship, Faryna v. Chorney, feelings and self-respect, Human Rights code of Ontario, Human Rights Legal Support Centre, human rights remedies, human rights training, In ADGA Group Consults Inc. v. Lane, injury to dignity, injury to feelings and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, Maciel vs. Fashion Coiffures, maternity leave, monetary awards, Ontario Human Rights Commission’s (“OHRC”), Ontario Human Rights Tribunal, policies and procedures, pregnancy, prohibited grounds of discrimination, Remedy for Future Compliance, termination, the Human Rights Code, Wage and Benefits Loss

Sex based discrimination and poisoned work environment

February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

British Columbia Court of Appeal, compensation, damages, discrimination, discrimination on the grounds of sex, employment law, employment relationship, Faryna v. Chorny, Hill v. Intersteam Technologies Inc., Human Rights code of Ontario, injury to dignity, injury to feelings and self-respect, Kelly Hill, Kevin Sambrano human rights paralegal, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, policies and procedures, prohibited grounds of discrimination, sexual harassment, the Human Rights Code, workplace, workplace environment, workplace sexual harassment

Danger ahead: Beware of changes to employment agreements

September 17, 2015 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

To appreciate the dangers of varying employment terms, we must start with the foundations of contract law. First, a contract requires that each party receive a benefit (consideration). Second, if the parties agree to a variation of contract, but consideration is not received by both parties, Courts will consider the new contract an “unenforceable unilateral variation”. Third…

compensation, constructive dismissal, employment agreements, employment contact, employment law, employment relationships, health benefits, notice period prior to termination, Pensions and Benefits, providing reasonable notice or pay in lieu thereof, Termination clause, Termination provisions, terms of employment, unilateral change of contract, vacation pay, written contract, wrongful dismissal

Make mine a Bitcoin: Payroll issues and digital currency

October 29, 2014 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, International Payroll, Payroll, Source Deductions and Reporting, Wages and Compensation

The bitcoin, a decentralized digital currency conceived in 2008, has experienced exponential growth in use over the past 2 years. Bitcoin ATMs have begun to spring up in cities across Canada—including in Ottawa’s Byward Market and on Spadina Avenue in downtown Toronto. Demand for the currency has also penetrated the employment world, with some employees seeking pay in Bitcoin in lieu of the Canadian Dollar.

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