Tell your Email to Take a Hike…While on Vacation

August 12, 2014
Audio Post

A former employment lawyer speaks about dealing with your email inbox both pre and post-vacation. He appeared on CBC Ottawa Morning on August 12, 2014. Contact an Employment lawyer today, by calling 613-238-8080, or email employmentlaw@nelliganlaw.ca. For more information on this segment, visit the CBC.ca website.

Top 10 Things to do if you are Terminated

July 31, 2014
Blog Post

Losing your job is stressful and daunting, whether you’re fired for cause or your employer simply had to make cuts for financial reasons. Many of us identify who we are with what we do, so a termination can feel like a huge blow to our sense of self-identity and self-worth. One of the first thoughts that will come to mind if you’re ever in this position is probably ‘What do I do now?’ This list serves as a guide through the ‘What now?’ question by outlining the top 10 things to do if you’re terminated.

Unplug: 5 Ways to Recharge and Enjoy Your Vacation

July 24, 2014
Blog Post

Summer is here and for a lot of us that means taking a well-deserved break to recharge our batteries! However in this hyper-connected world, getting away and more importantly staying away can be quite a challenge. The best way to unwind is to unplug from all the devices we’re attached to and embrace the world around us. Last month we provided 5 tips for things to do before you go on vacation. Here are five more tips to ensure an unplugged and refreshing vacation.

Summary Judgment: An Effective Weapon to Combat Low-Balling Employer

July 17, 2014
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Some employers disregard their common law obligation to provide employees reasonable compensation. They know full well that when the employee seeks legal redress, despite the fact that the issues in dispute are relatively straightforward and suitable for quick resolution, the legal system has not, until recently, taken proper account of that. Our highest court finally acknowledged that reality openly earlier this year in Hryniak v. Mauldin et al. In the wake of this decision, two recent decisions in Ottawa, have positively embraced the ‘culture shift’ granting summary judgment for reasonable notice damages to terminated employees.

Employee’s Duty to Act Reasonably to Mitigate Damages on Dismissal

July 15, 2014
Blog Post

Employees who have been dismissed from a job are required to make reasonable efforts to mitigate their damages – for example, by performing a job search, or in some circumstances by accepting a comparable job from their employer – but they are not required to take every possible step to find another job. Three recent decisions of the Court of Appeal of Québec outline the importance of taking a contextual approach in analyzing an employee’s duty to mitigate, especially in circumstances where mitigation efforts are unlikely to be successful.

Interesting Article on Creating Salaried Entrepreneurs

July 11, 2014
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This week, we’re highlighting an interesting article that was published in the June 2014 edition of Ottawa HR magazine by authors Tara Azulay and Kevin Barwin who are partners at Clariti Group. The article highlights the importance of building an organizational culture that supports employees and builds leadership by promoting employee engagement, collaboration and innovation. It also sets out six core competencies that can be integrated into professional development programs to help develop leadership in an organization.

Complaint or Civil Claim?

July 4, 2014
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If you are wrongfully terminated from your employment, you generally have two options for recovering the money you are owed from your employer: (1) filing a complaint or (2) starting a civil claim. This post highlights some of the main differences between the two options.

Making your Vacation a Relaxing One – 5 Things to do Before you Leave

June 12, 2014
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Whether you think you might go the beach, camping, or even just enjoy some relaxing time in your own backyard, you want to double check that you are following any workplace policies or clauses in your employment contract. These may place restrictions on when you can take your vacation, and what can be done with it if you don’t take it.

Dismissed: A Unilateral Increase to Duties can be a Termination

June 9, 2014
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It has long been known that a demotion or significant reduction to an employee’s duties or remuneration can amount to a constructive dismissal. However, a recent decision, Damaso v. PSI Peripheral Solutions Inc., shows that an Employer unilaterally increasing an employee’s responsibilities and duties may lead to a finding of constructive dismissal.

Is a Partner an Employee?

May 29, 2014
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The Supreme Court of Canada recently addressed the question of whether a partner can also be an employee of his or her firm. In doing so, the Court examined the individual’s dependency on the firm, and the extent of control that the firm exerted. The Supreme Court, in this case, decided that the partner was not also an employee for the purposes of human rights legislation. While membership in a partnership does not, itself, prevent an employment relationship, there needs to be a sufficient level of control over the individual by the firm before an employment relationship will exist.