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payment in lieu of notice

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read July 9, 2021

Deductibility of EI and CERB benefits from severance payments

This issue has arisen in several recent mediations that I have conducted. As regular readers will know, Employment Insurance benefits are usually deducted from money paid out in lieu of notice of dismissal. At mediation, the plaintiff will be asked if they received EI benefits; if they did, then a mechanism for obtaining a statement of account/debt from Service Canada, and a holdback of funds to cover any repayment obligation, is typical.

Article by Rudner Law, Employment / HR Law & Mediation / Business, Employment Standards, Payroll / Canada Emergency Response Benefit CERB, COVID-19, Employment Insurance, employment law, notice of di, payment in lieu of notice, severance payment, temporary layoff, termination

By Earl Altman | 5 Minutes Read November 28, 2012

Employers ask: what conduct by an employee constitutes cause for dismissal

I am frequently asked by employer clients to describe what type of conduct by an employee will be held by the courts to qualify as cause for dismissal. Employers are often frustrated by the answer they receive – that it seems that nothing less than stealing money from the company will suffice. In the case of long time employees without prior instances of misconduct, theft may still be insufficient. A recent decision of the Ontario Superior Court has fortunately clarified the circumstances in which courts will find cause for dismissal as a result of dishonesty. What is striking about the decision is the reliance of the judge on a seemingly insignificant act committed by a nineteen year employee.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / benefits package, cause for dismissal, claims for medical expenses, Dependant coverage, dishonesty, employee conduct and behaviour, employee handbook, employment law, falsification of company records, falsified a claim, fictitious beneficiary under the policy, group insurance, instances of misconduct, payment in lieu of notice, policies and procedures, policy manual, reasonable termination notice, termination, termination notice, terminations, theft, wrongful dismissal

By Matt Lalande, Lalande & Company Lawyers | 4 Minutes Read March 12, 2012

An overview of damages within the context of employment law

A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.

Article by Matt Lalande, Lalande & Company Lawyers / Employment Standards / aggravated damages, bad faith, damages within the context of employment law, employment law, employment standards act, mental distress, payment in lieu of notice, punitive damages, Quantum, reasonable notice, Supreme Court of Canada, termination, terminations, wrongful dismissal

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