Severance pay

Top 10 most-read First Reference Talks blog posts for 2019

December 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Wages and Compensation, 0

This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.

breach of confidentiality, Discretionary bonus, Dismissal, employment contracts, employment law, pay reduction, planned layoffs, poor performance, progressive discipline, Severance pay

Excluding STD and LTD during notice period voids termination clause

September 23, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Cormier v 1772887 Ontario Limited c.o.b. as St Joseph’s Communications (2019 ONSC 587), Justice Perell had to determine the enforceability of the following ESA termination clause:

employment law, long-term disability benefits, notice period, Severance pay, short–term disability benefits, Termination clause

Q&A: Frustration of employment

September 20, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on “frustration of employment.”

employment law, frustration of employment contract, Severance pay, statutory termination, statutory termination and severance pay, undue hardship

Slate not wiped clean by release in context of share sale

January 3, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

common law notice, employment agreement, employment law, fixed-term contract, fixed-term employment contract, pay in lieu of notice of termination, Severance pay, share sale, termination, wrongful dismissal claim

Top 10 most-read First Reference Talks blog posts for 2018

December 24, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management.

employment law, privacy, Severance pay, sexual harassment

Court of Appeal partially invalidates release of notice entitlements

December 19, 2018 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

This blog focuses on the issues surrounding statutory minimums and waiving out, leaving the issue of restrictive covenants raised in the cross appeal for another day.

employment contract, employment law, mitigation, notice entitlements, restrictive convenants, Severance pay, statutory minimums, Termination clause

Three popular articles this week on HRinfodesk

August 30, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Wages and Compensation

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

Alberta Personal Information Protection Act, British Columbia Personal Information Protection Act, collecting personal information, collection, compensation, consent, employment law, employment standards act, ESA, Jones v Freidman, limitation period for wrongful dismissal, meaningful consent, obtaining consent, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy, privacy policies, Quebec Act respecting the protection of personal information in the private sector, salary increases, Severance pay, use and disclosure of personal information, wages, wrongful dismissal, wrongful dismissal claim

Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

July 16, 2018 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

employment contract, employment law, post-dismissal, Severance pay, termination, Termination clause, wrongful dismissal

Why employers shouldn’t use severance calculators

May 25, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Determining the period of reasonable notice is an art not a science. In each case trial judges must weigh and balance a catalogue of relevant factors.

employment law, reasonable notice, severance, Severance pay, severance pay calculator, termination, Termination clause

Three popular articles this week on HRinfodesk

February 15, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting

The three popular articles this week on HRinfodesk deal with the interpretation and enforceability of termination clauses, changes and improvements to services, benefits and credits for Canadians for the new tax filing season and improved ways for businesses to meet their reporting obligations.

benefits continuation, Canada Caregiver Credit, Children's tax credits, Disability tax credit certification, employment contracts, employment law, income tax filings, medical expense tax credit, Public transit tax credit, reporting obligations, Severance pay, termination clauses, termination without cause, terminations

Limitation periods and statutory severance pay: an update

January 12, 2018 Vey Willetts LLP Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

claims of wrongful dismissal, employment law, Limitation Periods, pay in lie of notice, Severance pay, statutory severance pay, working notice

Don’t take a chance on it: The uncertainty of ESA-only termination clauses

July 11, 2017 Occasional Contributors Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide for continued health benefits during the statutory notice period. A month later, the Court of Appeal responded with its decision in Wood v. Fred Deeley Imports Ltd. where it overturned a motion judge’s ruling upholding a similar termination provision. And so, the age old debate about the enforceability of ESA-only termination provisions rages on.

contract, employment agreement, employment law, ESA entitlements, ESA requirements, Pensions and Benefits, recruiting and hiring, Severance pay, statutory notice period, termination, termination clauses, terms of employment

Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

June 16, 2017 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

Dismissal, employment law, employment standards act, ESA, Notice, pay in lieu of notice, Severance pay, termination, total payroll, Wissing et al. v. Adtran Networks Canada Inc.

Ontario Court of Appeal addresses the issue of what constitutes mitigation income

June 2, 2017 Rudner Law, Employment / HR Law & Mediation HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Court addressed the issue of what constitutes mitigation income for purposes of assessing any required deductions from common law entitlements.

Brake v. PJ-M2R Restaurant Inc., employment law, mitigation, mitigation income, severance, Severance pay, termination pay

Wrongful dismissal: When does the limitation period clock start running?

April 18, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

age discrimination, Bailey v Milo-Food & Agricultural Infrastructure & Services Inc., dismissed employee, employment contract, employment law, employment standards act, Libel and Slander Act, limitation period, Severance pay, statutory severance pay, working notice, wrongful dismissal, wrongful dismissal claim