Employer Permitted To Terminate Employees Receiving LTD Benefits
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).
Terminating a Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
Supreme Court of Canada Rules Future CPP Benefits Not Deductible...
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
No Obligation to Pay Long Term Incentive Bonus Upon Termination
The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.
Navigating Employment Law Tricky For Startups
So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.
Termination Clauses: Nova Scotia Supreme Court Weighs In
In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.
Sexual Harassment and the Perils of Failing to Manage Workplace...
The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.
Terminated Employee Entitled to Bonus Payments
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.
An Employee With a 14 Year Absence Reinstated With Full...
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.
Labour Arbitration: When are Damages in Lieu of Reinstatement an...
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.