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salary continuance

By Simon Heath, BA, MIR, LLB, Heath Law | 2 Minutes Read June 9, 2016

Motion for summary judgement raises questions about efficiency of pre-trial resolution

Employment lawyers will advise you that a motion for summary judgement can be expensive to lose. Not only does the company have to pay the judgement, the company will have to pay the costs of its own counsel and part of the costs of the employee’s counsel. Therefore, there is pressure on the company to offer a suitable severance package to negotiate a settlement rather than leave it to a court to decide with the cost consequences that follow.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Payroll / common law notice, employment contract, employment law, failure to mitigate, negotiated settlement, not-for-cause termination, outplacement services, salary continuance, suitable severance package, summary judgement, termination, written contract, written termination clauses

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read February 2, 2012

Tax and employment insurance issues when settling dismissal claims

Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / Canada Revenue Agency, CRA, Dismissal, EI benefits, Employment Insurance Act, employment insurance benefits, employment law, Income Tax Act, lump sum severance, negotiating and resolving disputes arising out of the termination, retirement, retiring allowance, RPP, RRSP, salary continuance, T4, T4A, tax withholding, termination, termination disputes, termination settlement, wrongful dismissal

By Earl Altman | 4 Minutes Read November 24, 2011

The fine art of determining notice for dismissal: ‘old habits die hard’

Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to "one month per year" as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.

Article by Earl Altman / Employment Standards, Payroll / Bardal Factors, Bardal v. The Globe & Mail, character of employment, Dismissal, economy, employment law, length of employment, length of notice period, lump-sum payment, notice of dismissal, notice period, one month per year, re-employment prospects, salary continuance, specialized knowledge, statutory notice period, termination, termination package, termination without cause, unstable labour market, wrongful dismissal

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