The Supreme Court has now weighed in on the issue of when employees will be entitled to things like bonuses or other variable compensation post termination.
Brittany Taylor reviews the Canadian Emergency Wage Subsidy (CEWS) and provides a brief summary of this very complicated program to try to assist employers to understand what their entitlements may be.
Many of us are focused on COVID-19 and the implications on our society, our health, the economy and our jobs, but it's important to remember that life goes on and that means so does the legal system. The Superior Court of Ontario recently released a decision relating to overtime and entitlement to overtime pay.
The courts in Canada have repeatedly emphasized that in order for an employee's resignation to be effective, it has to be clear, unambiguous, and voluntary.
If you've been given a severance offer, it can be risky to engage in informal negotiations with your former employer, because you risk entering into an agreement that won't be favourable to you.
Our human rights legislation is very clear: you cannot discriminate on the basis of citizenship or country of origin, so you should never have a field on your application form that asks where they're from, you should never be asking whether they are Canadian citizens, and you should never ask that in the hiring process at all.
Termination clauses have had an ongoing saga in our courts with people challenging them and trying to avoid the implications of what they signed, which can have tremendous implications.
Whether you are an employer or an employee, this unprecedented set of circumstances has raised a lot of difficult questions. If you are unsure of your rights and obligations, we are here to help.