termination

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

February 24, 2020 Barry B. Fisher LL.B. Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employment law, failed to mitigate his loss of employment, mitigation, notice period, termination

Non-consensual sharing of intimate images grounds for summary dismissal

February 18, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

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

digital privacy, Dismissal, employment law, just cause, serious misconduct, sexual harassment, termination, workplace investigation

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

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

January 27, 2020 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

common law notice, continuous employment, employment agreement, employment law, termination

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

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

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.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

So what exactly is a “dependent contractor”?

January 10, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

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.

dependent contractor, employment law, independent contractor, termination, worker classification

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

December 23, 2019 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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

employment law, Limitations Act, termination, two-year limitation period, wrongful dismissal

Top employment law cases of the 2010s

December 19, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

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:

bad faith in the employer's conduct, employment law, executive compensation, foreign arbitration clauses, incentive compensation plans, sexual assault and harassment, statutory termination pay, summary judgement, termination, Termination clause

Will saving provisions no longer save us?

November 20, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employment agreement, employment contract, employment law, entitlement to severance, entitlements upon termination, sale of business, saving provisions, termination, Termination provisions

Three popular articles this week on HRinfodesk

October 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

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.

employment law, frustration of contract, frustration of employment contract, termination, working from home

Three popular articles this week on HRinfodesk

August 29, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

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

CRA, employment contracts, employment insurance benefits, employment law, termination, Termination provisions

OCA distinguishes employee rights v shareholder rights

August 26, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employee shareholder, employee shares, employment law, shareholders’ agreement, termination

Are executives entitled to variable compensation after being terminated?

August 7, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employment law, Notice of termination, termination, variable compensation, wrongful dismissal, wrongful dismissal claim

Reinstatement is a potential remedy, but not in this case

August 2, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

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.

Dismissal, punctuality, terminated unjustly, termination, unjust dismissal