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good faith

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

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.

 

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Aggravated damages are aggravating employers

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

 

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Make whole remedies and good faith crucial to mitigation

A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.

 

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Knowing your limitation periods under the Human Rights Code

The Human Rights Code allows for a person who believes that their rights under the “Code” have been infringed upon to file an application to the Human Rights Tribunal of Ontario. The “Code” states that the application must be made within one year after the incident, or if there were a series of incidents, within one year after the last incident in the series. But what happens when a person files an application outside of the limitation period?

 

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Can you require employees to speak English?

Can you require employees to speak English? As always, the answer to this question is “yes”, “no” and “it depends”.

 

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Five steps to effective internal investigations

How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…

 

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