inducement

Fishing for notice: British Columbia Supreme Court addresses inducement and contingency factors in wrongful dismissal suits

July 6, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Recruiting and Hiring

Care is required when recruiting a potential employee, but not all active recruitment activities qualify as inducement. More than giving the employee the impression there is room to grow or job security is required. Actual evidence of promises made by the company and the employee’s reliance upon those promises is necessary to sustain a determination of inducement. Nevertheless, employers can avoid claims of inducement by using written employment agreements that contain “entire agreement” clauses and confirm that the employee has not been induced by any promises.

employment agreements, employment contract, employment law, inducement, promotion, reasonable notice, recruiting, wrongful dismissal

Interpretation and enforcement of probationary periods in employment contracts

April 1, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

When hiring a new employee, employers will often characterize the first several months of employment as a “probationary period”, the purpose of which is generally to give both parties an opportunity to assess whether the employee is a good fit for the workplace.

employment agreement, employment contract, employment relationship, inducement, probation, probationary employee, probationary employment, probationary period, suitability for permanent employment, termination of employment, testing period

Avoiding liability pitfalls when dismissing short service employees

March 16, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

All too often short service employees are overlooked in terms of an employer’s potential liability. After all, such workers can often be dismissed with minimal severance and without great fear of litigation. However…

anti-harassment and violence policy, common law notice, common law reasonable notice, employment law, employment standards act, Empoyment contract, Good faith in the manner of dismissal, inducement, occupational health and safety act, probationary periods, protection of the Ontario Human Rights Code, reasonable accommodation of needs, reasonable notice period, statutory termination pay, termination with notice, three-month probationary period, work in an environment free from sexual harassment, written employment contract

Three popular articles this week on HRinfodesk

February 5, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with the disclosure of mental illness and a breach of employee privacy; the notice period and duty to mitigate; and, inducement, recruitment and reasonable notice.

breach of employee privacy, disclosure of mental illness, duty to mitigate, employment law, HRinfodesk, inducement, notice period, reasonable notice, recruitment, workplace conflict

How much termination notice do you give a 70 year old?

August 9, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations

Assessing how much notice of termination a particular employee is entitled to is a challenge most employers would like to avoid. As those of you who deal with the issue on a regular basis know, employment standards legislation sets out the minimum amount of notice, but it will almost never be sufficient unless the employee has an enforceable contract that limits them to the statutory amounts. In most cases, the common law will require that an employer provide “reasonable notice”, and though there are many myths, there are no easy ways to determine what is reasonable.

'rule of thumb, age and position, Bardal Factors, canadian employment law, common law, discipline, employees approaching retirement age, employee’s length of service, employment agreement, employment contract, employment law, Employment myths, employment standards, Employment Standards legislation, end of mandatory retirement, inducement, maximum of 24 months of notice, minimum amount of notice, Notice of termination, notice period, Notice periods, one month of notice for every year of service, reasonable notice, reasonable notice of dismissal, secure employment, severance package, statutory amounts, termination, terminations, wrongful dismissal

HR metrics: Linking qualitative and quantitative measurement

September 12, 2012 Ian J Cook Employee Relations, HR Analytics, HRMS, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

Last month I promised a description of a metric which starts to take organizations deeper into the insight they need to be successful and to show real results. True to my promise here it is:

description of a metric, employee turnover, headcount, HR, hr analytics, HR metrics, HR practices, inducement, Pensions and Benefits, performance and incentive practices, promotion, qualitative measures, quantitative measures, salaries, top performers, top quartile

Enforceable dismissal clauses

August 5, 2010 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

One crucial piece of advice that I offer to employers is to have every single employee sign an employment agreement that, if nothing else, sets out what will happen in the event of dismissal without cause. The reason for this suggestion is simple: without a contractual dismissal provision, an employer’s obligations in the event of dismissal without cause are unpredictable and often extensive.

clear and unambiguous, common law, consideration, Dismissal, employment agreement, employment contract, employment standards, inducement, reasonable notice, termination, termination without cause