Is severance pay required when an employee is terminated?
When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?” Before this question can be answered, we have to first confront the...
View ArticleTax and employment insurance issues when settling dismissal claims
Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule...
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Employee’s dishonesty and breach of confidentiality during a workplace investigation leads to cause termination In a recent Federal Court decision, (Bank of Montreal v. Payne), an employee’s dismissal...
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Compassionate care leave On May 27, 2013, the Alberta government gave royal assent to private member’s Bill 203, the Employment Standards (Compassionate Care Leave) Amendment Act, 2012. Starting on...
View ArticleThree popular articles this week on HRinfodesk
Retiring allowance and vesting of pension benefits When an employee transfers a lump sum from his previous employer’s pension plan to an RRSP, have these employer contributions vested for the purposes...
View ArticleThe end of accommodation? Frustration of the employment contract as a last...
One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act (“AODA”) and the Human Rights Code (the “Code”) is to promote accessibility and accommodation in various...
View ArticleIs it work-related? Novel workers’ compensation decisions deal with...
It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent...
View ArticleThree popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employment law changes coming: $15 minimum wage and more The Ontario Ministry of Labour is currently reviewing recommendations under Ontario’s...
View ArticleOntario considers big changes to Employment Standards Act and Labour...
For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act. The CBC reported on May 12,...
View ArticleVictoria Day, public (statutory) holiday in Canada
In Canada, Monday, May 22, 2017 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince...
View ArticleHealth record snooping nets hefty fine
In a recent case out of Goderich, Ontario a $20,000 fine, the highest of its kind in Canada, was handed out for a health privacy violation. Between September 9, 2014 and March 5, 2015, a Masters of...
View ArticleThe “G” word: Brooks v. Total Credit Recovery Limited
Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace. Background On September 7, 2010, the...
View ArticleChanging Workplaces Review final report: Sweeping changes to Ontario...
Ontario Ministry of LabourOn May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173...
View ArticleUpdate on Express Entry
Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent...
View ArticleMedical marijuana: A high cost to employers? #learnthelatest
A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs. As Canada moves toward...
View ArticlePeople analytics at work: Achieving objectives and realizing outcomes
In this week’s blog, we’re taking a look at the first and most critical step in kickstarting your analytics journey to bring value to your business—identifying and prioritizing your business...
View ArticleWhile there may be damages for employee’s lack of resignation notice, there...
A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer...
View ArticleImportant corporate immigration updates
This update includes: Cut-off age for dependent children raised Traveling visa-free to Canada for eligible Bulgarians, Romanians, Brazilians Conditional permanent residence for spouses and partners...
View ArticleImportant decision regarding mitigation of damages following termination
The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law of mitigation. The duty to mitigate is an employment law principle that requires...
View ArticleThree popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Sweeping changes to employment coming: Changing Workplaces Review final report released On May 23, 2017, the Government of Ontario released the...
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