termination package

Full and final release upheld by the HRTO

February 10, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

Dismissal, employment law, full and final release, termination, termination package

Negotiating BYOD cell phones at termination

April 13, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Privacy and Security, Recruiting and Hiring, Union Relations

You bring the employee into the boardroom, have an awkward 5 minute discussion about restructuring and the elimination of her role, thank her for her years of service, hand her the termination package with the various settlement package details, request that she returns all company property and offer to help her pack her personal items.

Then, she asks about her cell phone. Can she keep the phone? Can she keep the phone number?

BYOD, BYOD policy, cell phone, cellphone, contractual term, employment contract, employment law, Ownership of the digital assets, permit an employee to bring in their own device, policies and procedures, termination of employment, termination package

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

November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

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.

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