terminations
June 17, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll,
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
April 20, 2018 Adam Gorley Accessibility Standards, Announcements and Administration, Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Standard for Employment, Standard for the Built Environment, Training and Development, Union Relations
With most of the amendments of Bill 148 now in effect—along with significant updates to OHS and WCB provisions, the upcoming legalization of recreational marijuana, and more on the way—there are many substantial changes employers in Ontario have to deal with now and throughout 2018.
19th Ontario Employment Law Conference, 2018 Ontario Employment Law Conference, AODA, Bill 148, cannabis in the workplace, Cannabis legalization, Conference, Duty of care, employment and labour law, employment law, employment standards, HR conference, HR policies, HRlaw conference, Learn the latest, medical marijuana, OH&S, recreational cannabis, recreational marijuana, Stringer LLP, terminations, workplace harassment, WSIAT, wsib
February 15, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting
The three popular articles this week on HRinfodesk deal with the interpretation and enforceability of termination clauses, changes and improvements to services, benefits and credits for Canadians for the new tax filing season and improved ways for businesses to meet their reporting obligations.
benefits continuation, Canada Caregiver Credit, Children's tax credits, Disability tax credit certification, employment contracts, employment law, income tax filings, medical expense tax credit, Public transit tax credit, reporting obligations, Severance pay, termination clauses, termination without cause, terminations
January 15, 2018 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Training and Development, Wages and Compensation
Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.
contractual obligations, employee relations, employment law, Galea v. Wal-Mart, moral and punitive damages, punitive damages, terminations, workplace restructuring, wrongful dismissal
December 20, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines
‘Tis the Season and 2017 is coming to a close. With this, I am predicting some of the trends to follow from an employment law perspective of 2018. Here are 5 trends to follow in the new year.
aggravated and punitive damages, damages, employment law, employment law predictions, equal pay for equal work, marijuana, sexual harassment, termination clauses, terminations
July 7, 2017 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll
It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.
bad faith, bad faith dismissal, bad faith termination, damages, damages arising out of bad faith, damages arising out of the manner of dismissal, Dismissal, duty to act in good faith, employment law, employment relationship, Keays v. Honda Canada Inc, Mulvihill v. Ottawa (City), notice period, Supreme Court of Canada, termination, terminations, The Damages Formerly Known as Wallace, Wallace damages, Wallace v. United Grain Growers
January 31, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions.
2108805 Ontario inc. v. Boulad, business acquisitions, constructive dismissal, employer prestige, employment contract, employment law, mitigate damages, terminations
June 28, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.
aggravated damages, Benefits plans, benefits provider, compensation and benefits package, Duty of care, employee benefits, employment contract, employment law, interview process, Long-term disability, LTD benefits, termination, terminations, terms and conditions of employment, written agreement
June 13, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.
accommodation, comparable re-employment, damage award, Dismissal, duty to accommodate, employment agreements, employment law, employment standards act, reasonable notice, severance entitlement, termination, termination pay, terminations, wrongful dismissal
May 17, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations
The recent death of Justice Antonin Scalia highlights the duality of employee exits. For exits like Justice Scalia’s, it is unlikely that within hours of death, friends and family ponder the vacuum and replacement challenges the employer will face. Exits like Justice Scalia’s may precipitate introspection by remaining employees – resolutions to focus on family and work-life balance; or a realization that regardless of the power or indispensability of a role, in the end it really is “just a job”, because, as far as we know, we leave it all behind.
departing employee, duality of employee exits, Separation anxiety, succession plan, termination, terminations, work-life balance
March 31, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation
Three popular articles this week on HRinfodesk deal with three cases: One case looks at the “suitability test” to establish whether the employer acted in good faith; the second case looks at constructive dismissal; and the third case addresses the question of whether employers can terminate disobedient employees for cause.
constructive dismissal, demotion claim, Dismissal, disobedient employee, employer acted in good faith, employment contract, employment law, just cause, Probation period, probationary employee, probationary period, suitability test, termination, termination of probationary employee, terminations
March 9, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.
aggravated damage award, bad faith, Disciplinary measures, disobedient, employment contract, employment law, just cause, Labour Law, mental distress, misconduct, progressive discipline, reasonable notice, termination, terminations, wrongful dismissal
February 5, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.
common law, corporate downsizing, dismissed for cause, employment contract, employment law, Employment Standards legislation, providing inadequate notice, reasonable notice period, refusing to work during the notice period, repudiated the employment contract, termination, terminations, working notice
February 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation
A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.
employee handbook, employment agreements, employment law, employment standards act, offer of employment, pay in lieu of notice entitlements, properly drafted severance clause, summary judgment, termination, terminations
January 29, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.
accommodation request, Bardal Factors, common law reasonable notice, dismissing an employee for just cause, disobedience, duty to accommodate, employment law, HRinfodesk, independent medical examination, Labour Law, neglect of duty, notice period, termination, terminations, wilful misconduct