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settlement agreement

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

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.

 

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

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.

 

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Alleged breach of settlement agreement

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?

 

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Three popular articles this week on HRinfodesk

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

 

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

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.

 

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Most-viewed articles this week on HRinfodesk

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.

 

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