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termination pay

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

 

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OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

 

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Common traps that many Ontario employers fall into in the course of termination

This post is focused on common traps that many employers fall into in the course of termination. While it is written from the perspective of employers, each of these points applies equally to employees, since an individual that misunderstands these issues will fail to enforce their legal rights and end up leaving substantial amounts of money on the table when they lose their job.

 

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Ontario’s Liberal government introduces employee friendly laws

On November 6, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 received third reading at the Ontario legislature. When Bill 18 receives Royal Assent several significant changes will take effect that will benefit employees.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the substantial failures of an employer’s management policy; the consequences of failing to pay employees on time; and, an employee’s access request to records.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with reasonable notice of termination and the definition of salary or wages under the Income Tax Act.

 

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Managing risk in not-for-cause employee terminations

My Human Resources college professors used to ask students on a regular basis when it was OK for employers to terminate employees without cause. The answer, in theory, is that the employer can terminate an employee at any time! However…

 

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Contracting out of the Ontario Employment Standards Act

The Employment Standards Act in Ontario is legislation designed to protect the rights of all workers in the province. Under section 3, the Act specifies that it applied to any employee in the Province of Ontario, or any employee who is performing work outside of Ontario that is “…continuance of work performed in Ontario.” The Act contains numerous protections for Ontario employees, such as limiting the maximum hours of work in a week, providing an entitlement to overtime pay, and creating entitlements such as parental leave, vacation and personal leave. The Act also provides for the employee’s rights in the event of a termination of employment. Many employers have perceived these entitlements as onerous in some circumstances. In order to attempt to avoid such payments, or other obligations under the Act, employers have sought to have employees sign contracts containing provisions which purport to surrender the employee’s rights under the Act. This is generally referred to as “contracting out”.

 

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Navigating Ontario’s Employment Standards Act

Ontario’s Employment Standards Act (the ESA) sets out the minimum terms of employment for most employees in Ontario. It is a complex law that is difficult to understand. An employer cannot contract out of these minimum standards. Did you know your organization must post a Minister of Labour poster entitled “What You Should Know About The Ontario Employment Standards Act” in your workplace?

 

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Seasonal employees may be eligible for severance pay but not termination pay

The holiday rush has ended. Financial reports are in and layoff notices have been issued to some employees. What about severance pay for seasonal employees?

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with benefits coverage after the age of 65; employees’ future performance; and deductibility of pension benefits from termination pay.

 

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Five employment issues facing Ontario retailers

I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause

 

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Bonuses and employment/labour standards entitlements

As the managing editor of The Human Resources Advisor and Human Resources PolicyPro, I am often asked for clarification on bonuses and employment/labour standards entitlements. Essentially, should bonuses be included in the calculation of vacation pay and public holiday pay entitlements, and why?

 

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A quick primer on just cause termination

wheelchair

Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…

 

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