loss of employment

2014 Employment law round up – Top five cases/trends/stories

December 19, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Union Relations, Wages and Compensation

With 2015 just around the corner, it is useful to reflect on the year that has just past and is coming to a close. 2014 had a number of significant employment law developments and below we have…

2014, 2014 Employment law round up, Attorney General of Canada v Fiona Johnston and the Canadian Human Rights Commission, Canadian Human Rights Act, canadian human rights commission, Canadian National Railway v. Denise Seeley and the Canadian Human Rights Commission, childcare obligation, damages for wrongful dismissal, discrimination, employment contracts, employment law, employment standards act, family status, IBM Canada Limited v. Waterman, Jian Ghomeshi, loss of employment, Miller v. A.B.M. Canada Inc., need for employers to properly investigate allegations, paid salary in lieu of notice, sexual harassment policies, Stronger Workplaces for a Stronger Economy Act, termination clauses, Termination Pay and Severance Pay, Workplace issues, wrongful dismissal

Supreme Court of Canada confirms pension benefits should not be deducted from damages for wrongful dismissal

January 22, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

In the recent decision of IBM Canada Limited v. Waterman 2013 SCC 70 (CanLII), the Supreme Court of Canada confirmed that an employee’s pension benefits should not be deducted from his/her common law entitlement to pay in lieu of notice arising from a wrongful dismissal.

breach of contract, collateral benefit, common law, common law entitlement to pay in lieu of notice, compensating advantage, damages for wrongful dismissal, defined benefit pension, employee contributed to the costs of the benefit, employment, employment contract, employment law, IBM Canada Limited v. Waterman, IMB, loss of employment, Notice of termination, notice period, pay in lieu of notice, Pension benefits, period of reasonable notice, retirement savings, Supreme Court of Canada, wrongful dismissal

Is severance pay required when an employee is terminated?

September 29, 2011 Alan McEwen Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?”

Before this question can be answered, we have to first confront the difficulty that some payroll terms traditionally used to describe both termination, as well as any payments resulting from this event, haven’t always been defined with the greatest of clarity. My preference has always been for those terms that convey the clearest meaning of the related employment standards and source deduction requirements.

constructive dismissal, death benefits, employment law, layoff, loss of employment, Notice, payments on separation, retiring allowance, separation payments, Severance pay, statutory notice, Statutory severance, termination, termination for cause, termination without cause, wages in lieu of notice, wrongful dismissal