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Category Archives: Damages

Cutting off Benefits

My latest Canadian HR Law blog post discusses the tricky risk of cutting off benefits during an employee’s notice period. For example, imagine the scenario: Michael has been working for a manufacturing company for 23 years. He started off on the manufacturing line and worked his way up to a lower managerial position. A few months ago, his marriage ended […]

The Supreme Court’s Pronouncement On Mental Injury: Implications for moral damages in employment law

The Supreme Court of Canada’s decision in Saadati v. Moorhead [1] is making waves in the personal injury bar for its ruling that a plaintiff alleging a mental injury is not required to adduce medical evidence that their injury is a recognizable psychiatric illness, which has long been the standard in Canadian tort law. The implications for Canadian employment law are […]

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 […]

Preparing for Mediation

As I discussed in a recent Canadian HR Law post, when it comes to mediation, one thing that interests me is the different ways that parties and their lawyers prepare (or don’t prepare) for mediation. The failure to prepare properly is often the difference between a successful mediation and an unsuccessful one. Good mediators are highly skilled at assisting parties […]

Google Hangout: Assessing Notice Periods and Severance Obligations

When it comes to dismissals, there is no shortage of questions. How much “severance” are you entitled to? Can the employer provide working notice? Is the employee entitled to anything more than the applicable employment standards legislation? What is “just cause” for dismissal? What is the difference between “termination pay”, “severance pay”, “reasonable notice”, and “severance”? Is there a difference […]

Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]

The Investigation Saga Continues

Sometimes I feel like a broken record (if you are old enough to know what that means), as I continue to tell our clients and anyone else who will listen that Investigations have become a key aspect of HR and HR Law, and Failing to investigate properly will expose organizations to substantial legal liability and bad PR. Two and a […]

Global Morning Show: Harassment Settlement Between Fox News Anchor & Former Boss

Natalie appears on the Global Morning Show to discuss a sexual harassment settlement reached between a Fox News anchor and her former boss. 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 in new window)

The Latest Chapter in Employment Law: The Balancing Act Continues

Welcome to a brand new edition of The Latest Chapter in Employment Law. This monthly blog post and newsletter discusses new developments in employment law, whether they be driven by legislative change or case law. If you are reading this but do not receive our monthly Newsletter, please sign up to be on our mailing list so you will not miss these […]

If It Looks Like a Duck, Quacks Like a Duck…

Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As one of my recent Canadian HR Law blog posts discusses, even if both parties choose to define the relationship as one that is independent, our courts, tribunals and government agencies will look beyond the contract or label and assess the […]

Twenty-six months of severance for a Dependent Contractor???

Since the Ontario Court of Appeal’s decision in McKee v. Reid Heritage Homes in 2009, the category of workers deemed “dependent contractors”, as opposed to either employees or independent contractors, has become more accepted. The concept continues to develop legally, and the Court of Appeal’s recent decision in Keenan v. Canac Kitchens provides clarity on a key aspect of the […]