First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

employment standards act

By | 6 Minutes Read

Termination provision in commission plan illegal as it purports to deny commission over the statutory notice period

In Kerner v Information Builders (Canada) (2020 ONSC 2975), Pollak J. had a case which involved the termination provisions of a sales plan and whether the employee was entitled to commissions over the notice period in addition to his base salary.

By | 3 Minutes Read

First Monday in August 2020, a public holiday for some!

This year, the first Monday in August is August 3, and may be a statutory holiday in your province or territory. Although most commonly referred to as the “Civic Holiday” in Ontario, the holiday is referred to differently across Canada. For instance, in British Columbia, the holiday is referred to as British Columbia Day and in Manitoba, the holiday is named Terry Fox Day. The name of the holiday is not the only thing that differs between the provinces and territories; the legal status of the holiday also varies. That is, in some provinces and territories, the first Monday in August is considered a public (statutory) holiday under employment/labour standards legislation, while in others it is not.

By | 3 Minutes Read

Waksdale v. Swegon North America Inc. – Is your termination clause still enforceable?

Almost all employers require new employees to sign an employment contract. And almost all employment contracts have a termination clause. And most of the termination clauses have a provision which states that the employer has the right to terminate an employee for just cause without notice. This case suggests most of these termination clauses are not enforceable.

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