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termination

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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace romances, longer notice periods and accommodating a disability.

 

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Aggravated damages are aggravating employers

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

 

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Ontario Court of Appeal confirms 24 month cap on notice periods absent exceptional circumstances

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law.

 

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Top five things to consider when dismissing an employee

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

 

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Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

 

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Fired by a robot!

We have truly reached an age where people and robots are working together and where robots are effectively performing an HR function. HR, unlike a self-checkout or an assembly line robot, is something we normally think of as a soft, people only skill!

 

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Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

 

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Can an employee refuse a recall from a temporary layoff?

Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.

 

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OCA upholds ESA related termination clause

In Nemeth v Hatch (2018 ONCA 7), the Court was faced with the following termination clause:

 

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