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Doing zilch re mitigation reduces notice period from 14 to 12 months

In Seykors v Rural Municipality of Lake Lenore (2019 SKQB 225) Richmond J. reduced the notice period by 2 months where the Plaintiff’s mitigation efforts were minimal and he had not applied for even one job.

 

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Non-consensual sharing of intimate images grounds for summary dismissal

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

 

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Full and final release upheld by the HRTO

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.

 

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Release of previous employer has no effect on termination by subsequent employer

In Manthadi v ASCO Manu (2019 ONSC 5572) Fowler Byrne J. had a situation where a 64 year old welder had over 36 years with Company A. Company A sold its business to the Defendant. Company A paid the plaintiff her 8 weeks under the ESA and she signed a release. The defendant immediately hired her on the closing date. She was terminated a few months later.

 

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When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

 

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So what exactly is a “dependent contractor”?

I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee in all but name.

 

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A wrongful dismissal time warp – When is two years really six?

Perhaps, when an ex-employee takes six years to “discover” that they were wrongfully dismissed.

 

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Top employment law cases of the 2010s

In order of appearance, from newest to oldest, here are the employment law cases that shaped Ontario and to some extent every jurisdiction in Canada in the 2010s:

 

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Will saving provisions no longer save us?

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the CRA’s new payment on filing policy, termination provisions and employment insurance benefits.

 

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OCA distinguishes employee rights v shareholder rights

In Mikelsteins v Morrison Herschfield Ltd. (2019 ONCA 515) the Court of Appeal revised a trial decision where an executive was given 26 months notice. The Plaintiff, in addition to his salary, was a shareholder in this private company and as such received dividends from time to time.

 

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Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

 

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Reinstatement is a potential remedy, but not in this case

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances.

 

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Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

 

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