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Termination Clause: Money Saver or Bust
A termination provision in an employment agreement can be a valuable tool to limit the cost of terminating an employee on a without cause basis. An enforceable contractual termination clause rebuts the presumption that an employee is entitled to common...
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Court Denies Entitlement to Discretionary Bonus on Termination
With all of the recent attention surrounding Paquette v. TeraGo Networks Inc., Lin v. Ontario Teachers’ Pension Plan, and Styles v. Alberta Investment Management Corporation, it is clear that the issue of bonus entitlements on termination is a hot topic....
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Revisiting the 2016 Changes to the BC Human Rights Code
HRVoice.org
As 2016 has ended and we reflect on potential emerging issues for employers in 2017, the recent amendments to the BC Human Rights Code to include “gender identity or expression” among the protected grounds covered by the Code, deserves commentary.
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« Without Cause Terminations » and a Possible « Duty of Reasonable Exercise of Discretionary Powers »
In the fall of 2015, Madam Justice Yungwirth of the Alberta Court of Queen’s Bench penned a decision that caused employers to take notice. In Styles v Alberta Investment Management Corporation, Justice Yungwirth built upon the Supreme Court of Canada’s...
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Revisiting the 2016 Changes to the BC Human Rights Code
As 2016 draws to a close and we reflect on potential emerging issues for employers in 2017, we thought that the recent amendments to the BC Human Rights Code to include “gender identity or expression” among the protected grounds covered...
( Disponible en anglais seulement )
Are you doing enough to protect your employees from workplace violence?
Two recent Ontario Provincial Court decisions highlight the increasing importance that the Courts, the Ministry of Labour, employers and employees are placing on the need to protect workers from incidents of workplace violence. On July 15, 2016, after an extensive...
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Federal Government Consultation on Planned Accessibility Legislation
The federal government has commenced a national consultation process to inform the development of new planned federal accessibility legislation that will transform how the Government of Canada addresses accessibility. The planned legislation would apply to organizations and areas under federal...
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Workplace Violence – Part 1: Are you doing enough to protect your employees from workplace violence?
Two decisions of Ontario Provincial Courts this summer, highlight the increasing importance that the Courts, the Ministry of Labour, employers and employees are placing on the need to protect workers from incidents of workplace violence. On July 15, 2016, after...
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Terminating Employees: Best Practice to Avoid an Unenforceable Release
As employment lawyers, we frequently advise clients on best practices for carrying out termination meetings with employees. Often, if an employee is terminated, the employer will offer the employee a severance package in exchange for the employee signing a release....
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Avoiding Bonus Payments to Terminated Employees Just Got Tougher
Labour Notes, LexisNexis, September 29, 2016
This article was originally published in the September 8, 2016 issue of our Labour & Employment Communiqué.