settlement

Dealing with a Claim: Getting sued by an ex-employee

May 10, 2017 Lisa Stam, Spring Law Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

What is an employer to do when served with a Statement of Claim? Here are the most common questions we get: 1. Is a response mandatory or can we ignore the claim? 2. How do we get rid of this ridiculous claim? 3. How much is this going to cost?

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3 tax tips for employers: Negotiating a settlement

February 24, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. The main goal in almost all negotiations for an employee is to extract a large payout, while the goal for the employer is to settle the claim while paying out as little as possible. Though lawyers use different techniques for extracting these results for their clients, I wanted to share three simple tips that are often overlooked when employers are negotiating a settlement.

canada pension plan, CCP, Dismissal, EI, Employment Insurance, employment law, general damages, negotiating a settlement, Notice of Debt, settlement, settlement funds, terms of settlement, wrongful dismissal, wrongful dismissal damages

Despite settlement breach, an award of compensation not warranted

February 7, 2017 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Union Relations

Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted.

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Most-viewed articles this week on HRinfodesk

May 16, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

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Even in the absence of a release, employee who accepted a termination package not entitled to additional damages

March 11, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

If an employee negotiates a termination package with an employer but does not sign a release, can they successfully claim additional pay in lieu of notice in a court action? Interestingly, the Ontario Superior Court recently held that the answer for one employee in these circumstances was “no”.

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Don’t wait until the last minute to settle at the Tribunal

February 6, 2013 Stringer LLP Human Resources, Human Rights

Employers face a choice when confronted with a human rights application from an employee or former employee: settle or defend.

employment law, financial compensation, human rights application, human rights tribunal, mediation services, settlement, Tribunal case law, violation of the Code

Allocation of settlement funds in wrongful dismissal – between taxable and tax exempt

October 23, 2012 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Damages for wrongful dismissal are intended primarily to compensate the dismissed employee for income lost due to the dismissal. As such, the amount of such compensation, whether as a result of a settlement or a judgment by the court is, prima facie, taxable.

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