termination

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

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

July 22, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 1

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

employment law, reasonable notice period at common law, shareholder rights, shareholders’ agreement, termination, wrongful dismissal

Three popular articles this week on HRinfodesk

July 11, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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

accommodation in the workplace, disability accommodation, employment law, sex addiction, termination, workplace romances

Aggravated damages are aggravating employers

July 9, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

aggravated damages, duty of good faith, good faith, Good faith in the manner of dismissal, termination, termination in good faith, wrongful dismissal

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

July 5, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 1

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.

employment law, notice of dismissal, notice period, termination

Top five things to consider when dismissing an employee

June 17, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

Dismissal, employment law, termiantion, termination, terminations

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

June 4, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

bad faith termination, Dismissal, duty of good faith, employment law, planned layoff, punitive damages, termination

Fired by a robot!

May 8, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR and Technology, Human Resources, Human Rights, 0

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!

accommodation to the point of undue hardship, efficient and effective workforce, employment law, production or efficiency, robots, termination

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

March 11, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

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.

Bonus entitlement, Bonus entitlement on termination, constructive dismissal, employment law, termination

Can an employee refuse a recall from a temporary layoff?

March 5, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, 0

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

employment law, temporary layoff, termination, wrongful dismissal