settlement agreement

Post-#MeToo: Confidentiality restrictions may go the way of the dodo

November 19, 2019 Piccolo Heath LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

An NDA is a non-disclosure agreement. It is a restriction on a person’s ability to share, post or use certain information or documents. The subject matter of an NDA is usually set out in writing, but there are some implicit, common law restrictions on disclosing another individual’s or entity’s confidential or proprietary information and documents.

#MeToo movement, breach of non-disclosure agreement, confidentiality restrictions, employment law, enforceability of a non-disclosure statement, non-disclosure agreement, settlement agreement

Failing to abide by confidentiality provisions in a settlement agreement can cost you your settlement payment

August 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Privacy and Security, 0

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.

confidentiality provisions, employee breached the confidentiality provision of a settlement agreement, employment law, settlement agreement, settlement offer

Alleged breach of settlement agreement

October 2, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

It happens every now and then: the parties to a wrongful dismissal dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they do so?

amount of compensation, breach of settlement agreement, employee is working for a competitor, employment law, Mediation, non-competition covenant, restrictive covenant, settlement agreement, summary judgment, wrongful dismissal

Three popular articles this week on HRinfodesk

October 1, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Standard for Information and Communications, Wages and Compensation

Three popular articles this week on HRinfodesk deal with Ontario AODA requirements for 2016; EI premium rates for 2016; and the duty to mitigate.

Accessibility for Ontarians with Disabilities Act, AODA, duty to mitigate, EI premium rates for 2016, Employment Insurance, employment law, HR Law, payroll rates, settlement agreement, termination, terminations

If it looks like theft and quacks like theft…the employer may still pay!

September 9, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

criminal wrongdoing, Dennis v Ontario Lottery and Gaming Corporation, employer loan, full and final release, grounds for termination, online scam, settlement agreement, termination, termination with cause, terminations, Workplace theft, wrongdoing, wrongful dismissal

Most-viewed articles this week on HRinfodesk

December 7, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting

The three most popular HRinfodesk articles this week deal with end of the year 2012 and what’s new for payroll 2013, a pension plan member passes away with two spouses, and a breach of confidentiality in a settlement agreement.

breach of confidentiality, confidentiality provisions, disclosure, employment law, End of the year 2012, HRinfodesk, payroll 2013, pension plan member, settlement agreement