Silence Is Golden: What happens when confidentiality provisions are breached?
Settlements with employees often include confidentiality provisions. What happens when those confidentiality provisions are breached? A recent decision of the Human Rights Tribunal of Ontario inTremblay v. 1168531 Ontario Inc. provides some useful guidance. The employer operated a Subway sto…Continue reading the post titled Silence Is Golden: What happens when confidentiality provisions are breached?
Court Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing Employment
Employers often tell me they feel like employees have ALL the rights in the employment relationship. While that isn’t entirely true, I certainly understand why it can seem that way. But here’s some good news – the British Columbia Court of Appeal recently came down solidly on the side of th…Continue reading the post titled Court Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing Employment
Sobering Thoughts: Hosting Social Functions with Alcohol and How to Reduce Your Liability
The days are getting shorter and the weather cooler. Fall is clearly here. For many employers, this means that plans for the office holiday party are in the works. It also means that many employees will be consuming alcohol at an employer-sponsored event. [Read More…] The days are g…Continue reading the post titled Sobering Thoughts: Hosting Social Functions with Alcohol and How to Reduce Your Liability
Strategic Considerations in Termination Cases – Part I
When giving advice to employers in cases in which an employee has been terminated without just cause, lawyers often start by assessing what a reasonable notice period might be (after first determining that there is no written employment agreement with a valid termination clause). Of course,…Continue reading the post titled Strategic Considerations in Termination Cases – Part I
Does your home renovation make you a “constructor”? Believe me, you need to know!
How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …Continue reading the post titled Does your home renovation make you a “constructor”? Believe me, you need to know!
Probationary Periods – Tips for Employers
As an employer, do you rely upon probationary periods to terminate newly-hired employees who don’t work out, but where you don’t have “cause” in the normal sense? Do you rely on your probation language to avoid liability for pay in lieu of notice? If so, would your pr…Continue reading the post titled Probationary Periods – Tips for Employers
Performance management is not “harassment”!
Words are important. Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences. But too often, employees don’t understand the legal definition of these words. Today, I’m particularly annoyed by em…Continue reading the post titled Performance management is not “harassment”!
Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies
It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough amon…Continue reading the post titled Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies
Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question
Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what…Continue reading the post titled Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question
Don’t Forget to file your 2012 Customer Service Accessibility Report
Is your organization in the private or not-for-profit sector? Does it provide goods or services to the public or to third parties? Does it have 20 or more Ontario employees? If the answer is YES to all three questions, then your organization must file its 2012 Customer Service Accessibility …Continue reading the post titled Don’t Forget to file your 2012 Customer Service Accessibility Report