damage award

Dependent contractor receives 12 months pay in lieu of notice

September 13, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.

contractual termination provisions, damage award, dependent contractor, employment law, independent contractor, pay in lieu of notice, reasonable notice, reasonable notice period, termination

Silence proves costly: employment agreements and reasonable notice

June 13, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

accommodation, comparable re-employment, damage award, Dismissal, duty to accommodate, employment agreements, employment law, employment standards act, reasonable notice, severance entitlement, termination, termination pay, terminations, wrongful dismissal

Most-viewed articles this week on HRinfodesk

April 18, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

Alberta, Alberta labour arbitrator, damage award, discrimination, duty to accommodate, employee rights, employee with a disability, employment law, employment relationships, Failure to accommodate, Ontario Human Rights Code, Ontario Human Rights Tribunal, Ontario Occupational Health and Safety Act, Probation period, probation periods, probationary period, reinstatement, Workplace discrimination, workplace harassment

Case clarifies what is meant by ‘common employer’

October 28, 2011 Christina Catenacci Employment/Labour Standards, Human Resources

The Ontario Superior Court of Justice recently decided that an employee was wrongfully dismissed and entitled to $20,363 in damages. The problem was that the damage award was made against two companies that were no longer in operation and without assets to pay the judgment. A related company that did have assets to pay the award was found not to be a common employer and was thus not liable.

common employer, common employers, connection between the employee and the owner, control, damage award, employment law, holding company, ontario, ownership and connection between interconnecting companies, related companies, termination, wrongful dismissal

First damage award in PIPEDA case

February 24, 2011 Adam Gorley Human Resources, Privacy and Security

Here’s something readers might want to know about: the Federal Court has awarded damages in a case based on the Personal Information Protection and Electronic Documents Act. Why is that special? Well, it’s the first damages award in the 10-year history of the Act.

damage award, document recording and retention obligations, document retention policies, employment law, FAPP, Federal Court, Finance and Accounting PolicyPro, Human Resources PolicyPro, information management, Information Technology PolicyPro, ITPP, maintaining accurate information, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, The Human Resources Advisor