long-term disability benefits

Conscionability of release not appropriate for resolution by summary judgment

October 17, 2019 Sean Bawden Employee Relations, Human Resources, Payroll, Pensions and Benefits, 0

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?

Conscionability of release, employment law, long-term disability benefits, severance negotiation, short-term disability

Excluding STD and LTD during notice period voids termination clause

September 23, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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:

employment law, long-term disability benefits, notice period, Severance pay, short–term disability benefits, Termination clause

Three popular articles this week on HRinfodesk

September 20, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

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.

$15 minimum wage, Bill 148 the Fair Workplaces Better Jobs Act 2017, employment contacts, employment law, long-term disability benefits

Termination of benefits for employees over 65

March 9, 2015 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

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.

benefits coverage for older workers, changing workforce demographic, discrimination based on age, elimination of mandatory retirement, employment law, human rights code, long-term disability benefits, LTD, LTD benefits, older employees, terminate benefits at age 65, Termination of benefits for employees over 65

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

April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation

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.

breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss