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Latest Chapter in Employment Law: Contractors and Unintentional Termination

In this edition of The Latest Chapter, we discuss the ongoing issue of misclassification of workers, and whether some people working as “contractors” are really employees in the eyes of the law. We also review a recent decision where an employer effectively terminated an employment relationship without intending to. Sondhi v. Deloitte: Are document reviewers employees or independent contractors? While […]

You Can Fire Someone Without Saying So, But Even “I Quit” May Not Be a Resignation

The Unintentional Dismissal: Be Careful What You Say to Your Staff We all know that most Judges will try to protect employees when they can, as the perception is that employers have greater resources. In recent times, my firm has written about the dangers of accepting resignations too quickly and the need to allow an employee who purports to quit […]

Bonus Clauses: Be Sure they Say What You Think They Say

Bonus: You will be entitled to a discretionary annual bonus of up to 40% of your base salary, to be calculated using the formula set out at Appendix A and updated from year to year, which will take into account both company and individual performance. Payment of any bonus is purely discretionary and there is no guarantee of a bonus […]

I Just Got Fired – Why Am I Getting a Retiring Allowance?

As discussed in previous posts and in my recent Canadian HR Law article, it is sometimes possible to allocate portions of a severance payment in a more tax-effective manner than simply paying a regular salary with all associated withholdings and deductions. Where amounts are paid as a lump sum, they are often paid as a “retiring allowance” in accordance with […]

So What Happens If We Don’t Comply With Bill 132?

As my recent Canadian HR Law blog post outlines, in September of last year, Bill 132 came into force in Ontario. The Bill, formally known as the Sexual Violence And Harassment Action Plan Act, follows substantial legislative changes pursuant to Bill 168, which took effect almost seven years ago. Both pieces of legislation are intended to bolster protection for employees […]

BNN: Millennials in the Workplace

Natalie appears on BNN discussing the effects of millennials difficulty finding full-time work with the salary and benefits package their parents got at the same age.     Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens […]

Hangout with Rudner MacDonald : Weed in the Workplace – Helping You Avoid “Pot” Holes

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Weed in the Workplace: Accommodating Without Getting Burned

This article originally appeared in The Lawyer’s Daily. With medical recognition of marijuana as medication, growing social acceptance of the recreational use of marijuana in the same manner as alcohol, and our federal government’s stated intention to legalize recreational usage, there is no doubt that we will be seeing more issues relating to marijuana in the workplace. In that regard, […]

Restrictive Covenants: What Did I Agree To?!

Imagine that you have been the loyal and dedicated employee of the same employer for many years. After receiving a lucrative job offer from another company, you are able to make arrangements to part ways with your current employer amicably. Several months later, a client of your former employer approaches you and tells you that they are no longer happy […]

Don’t Accept a Resignation Too Quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up enough and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned? Now imagine that […]

Automating HR

As discussed in my recent Canadian HR Law Blog post, I spent most of the week of March 27 at the 2017 IHRIM conference. For those unfamiliar with the event, IHRIM stands for the International HR Information Management Association. I became a member of this organization about a decade ago, and am now a proud member of the board of […]