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long-term disability benefits

Conscionability of release not appropriate for resolution by summary judgment

Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release claims to long-term disability benefits, the kind of issue appropriate for resolution by way of summary judgment?

 

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Excluding STD and LTD during notice period voids termination clause

In Cormier v 1772887 Ontario Limited c.o.b. as St Joseph’s Communications (2019 ONSC 587), Justice Perell had to determine the enforceability of the following ESA termination clause:

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with Bill 148 and long-term disability benefits in the context of frustrating an employment contract.

 

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Termination of benefits for employees over 65

The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who are choosing to remain in the workplace, combined with the (near) elimination of mandatory retirement, has raised many considerations that employers have not previously addressed.

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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