contract of employment
November 25, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation,
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
October 6, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?
after acquired cause, bad faith litigation tactics, contract of employment, dismissal with cause, dismissal without cause, employee’s post-repudiation breach, employment law, just cause defence, just cause for dismissal, principle of repudiation, reasonable notice of termination, repudiation of the employment contract, severance package, termination
January 8, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.
contract of employment, contract of employment has been frustrated, Disability benefits, duty to accommodate the disabled worker, employment agreement, employment contract, employment law, employment relationship, frustration of contract, long-term absence, medical leave, return to work in the foreseeable future, termination, Termination Pay and Severance Pay, terminations, undue hardship
August 27, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Notice, Damages and Settlements, Payroll
Through mergers and expansion many Canadian companies now have substantial foreign operations. As a result, employees often find themselves, whether by choice or compulsion, transferred to a foreign country. When a dispute arises with the employer while the employee is working in that foreign country, the question arises as to which justice system will take jurisdiction over that dispute. Clearly, the obligation on the employee to sue in the foreign jurisdiction will increase both the cost and the inconvenience of enforcing her rights under her contract of employment, whether written or oral.
Business, canadian employment law, contract of employment, corporations, Dismissal, employment, employment law, expansion, foreign jurisdiction, forum non conveniens, jurisdiction, lawsuit, management, mergers, pierce the corporate veil, terminated without notice or pay in lieu of notice, termination, terminations, tort or breach of contract, Where to sue, working in a foreign country, wrongful dismissal
July 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.
action for damages, claims of wrongful dismissal, common law claim, constructive dismissal, constructively dismissed, contract of employment, dismissing employees, employer’s financial struggles, employment law, employment standards act, medical or dental benefits, recall date, statutory rights, substantial payments, supplementary unemployment benefits, temporary layoff, term of layoff
June 7, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring
Those of us that practice employment law understand that our Courts will not hesitate to deem a termination clause in an employment agreement unenforceable if they are provided with a reasonable basis upon which to do so. In recent times, we have seen two noteworthy cases that have dealt with termination clauses and been decided in favour of the employee. Employers and their counsel should be mindful of these cases as they implement employment agreements, if they hope to be able to rely upon them.
common law, contract of employment, employment agreement, employment contract, employment law, employment standards act, Enforceability of termination clause, minimum requirements of employment standards legislation, mitigation provisions, Notice of termination, notice or payment in lieu of notice, reasonable notice, Severance pay, termination clauses
February 26, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.
asset purchase, buyers and sellers, capital and ideas, commercial transaction, common law, Conflict of interests, contract of employment, contractual obligations, covenants in restraint of trade, employers of the purchasing and selling companies, employment agreement, employment law, Employment Standard Act, free and open-market for labour, nature of the business, non-competition and solicitation covenants, ontario, other transaction, payment of up to one week per year of service, prevent the former employee from competing, public policy, refrain from competing with their former employer or soliciting the former co-workers to leave the purchased business, restrictive covenants, senior executives who are also shareholders in the company being purchased, share purchase, termination with cause, terminations, When one corporation “buys out” another
September 27, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations
The three most viewed articles in this week’s HRinfodesk newsletter deal with the new EI benefit for parents with critically ill children, constructive dismissal and benefits for workers who work past 65 years of age…
balance work and family responsibilities, Canada labour Code, collective agreement, constructive dismissal, contract of employment, EI, EI benefit, EI parental benefits, employee benefits, Employer provided benefits, Employment Insurance Act, employment law, Federal Income Support, Helping Families in Need Act, HRinfodesk, Income Tax Act, repudiation of employment contract, repudiation of the employment relationship, sickness benefits
August 2, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
Last year, I reminded employers of the danger of failing to continue disability benefits after dismissing an employee and providing pay in lieu of notice. An important case has now passed through the Ontario Court of Appeal…
Brito v. Canac Kitchens, common-law notice period, contract of employment, Disability, disability coverage, disability insurance, Dismissal, dismissing an employee, employment contract, employment law, employment standards act, employment-related benefits, lump-sum payment, notice of dismissal, notice period, Ontario Superior Court of Justice, pay in lieu of notice, reasonable opportunity to seek new employment, salary and benefit continuance, termination without cause, terminations, working notice
November 17, 2010 Andrew Taillon Employment/Labour Standards, Human Resources
In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.
Breach of duty, canadian employment law, confidential information, contract of employment, duty of loyalty and fidelity, employee’s duty of loyalty and fidelity, employment law, employment relationship, fiduciary duties, lititgation, term of employment, terminations
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