Earlier this year, we took an in depth look at the decision of the Ontario Superior Court of Justice in Singer v Nordstrong Equipment Limited. In a decision that surprised many, Justice Diamond held that while it was clear that…
“Severance” is a word that is thrown around quite haphazardly by employees and employers alike. Have you ever heard someone refer to a package offered to a departing employee as a “severance package”? Or perhaps you know a friend or…
In one of my blog post for First Reference Talks, I discussed the often misguided usage of fixed-term contracts and unintended consequences that can result. It seems as though many employers have decided to use fixed term contracts in a…
Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As one of my Canadian HR Law blog posts discusses, even if both parties choose to define the relationship as one…
Farah v EODC Inc. Will a termination clause be enforceable or will it be thrown out by the courts? Some readers will have reached the conclusion that this is simply a rule of the dice, and in some respects, they…
Unfortunately, we are often consulted by employers that entirely misunderstand the nature of the employment relationship and assume that they have the right to do almost anything they want without repercussion. In many cases, they act accordingly, and expose themselves…
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…
Imagine the scene: one day, just like any other, you're sitting at your desk planning to pack up and head home soon when you are unexpectedly called into a meeting in the boardroom. You enter the boardroom to find your…
When hiring a new employee, employers will often characterize the first several months of employment as a “probationary period”, the purpose of which is generally to give both parties an opportunity to assess whether the employee is a good fit…
