Rejected Severance Packages: To Plead or Not to Plead, That is the Question
A recent decision from an Ottawa judge at the Superior Court of Justice has shed light on whether severance packages offered by employers at termination can later be referred to in court pleadings. It seems that the answer will usually (but not always) be “no”.
Promotion But No New Contract? That Old Contract May Not Apply!
What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.
[Media Release] Timeline for Certification Motion regarding the BlackBerry Class Action has been set
Ottawa – July 24, 2017 – A Timeline for Certification Motion regarding the BlackBerry Class Action has been set and a motion record has been filed with the Court. Note that all dates in the timeline could be subject to change, including the certification motion date. Click here to view the Timeline for Certification Motion.
Bill C-16 and Transgender Rights
Last month Bill C-16 was finally given royal assent. The bill, which adds protection of gender identity and expression to the Canadian Human Rights Act and the Criminal Code, received a 67-14 vote in favour of the bill in the Senate. The passing of the law is regarded by many as a historic moment, bringing federal human rights laws in line with the provinces and territories.
Top 3 Things to Consider When Choosing a Lawyer
Generally speaking, you need a lawyer when you have a problem. However, choosing the right one may seem like a daunting task. That said, it is an important one, as choosing the right lawyer and/or law firm will help you better understand your situation, your options, and hopefully leave you feeling as though you have been heard and that someone is on your side. Below are my top 3 things to keep in mind when choosing a lawyer and/or a law firm.
When Would An Employee Want To Claim Frustration Of Contract?
We all know the conventional ways that an employment contract can be terminated, such as a resignation, or with or without cause. Another way is by frustration of contract. Frustration of an employment contract is when the employee becomes unable to fulfill the fundamental duties and responsibilities of their position through no fault of their own.
Determining Severance Pay Obligations
Severance pay is an important lifeline for an employee who has lost their job. It aims to compensate them for the loss of employment by recognising their length of service. Ontario’s Employment Standards Act, 2000 states that an employer must provide severance to a terminated employee if their payroll is $2.5 million or more. However, some employers may dispute the size of their payroll in order to get out of this obligation.
Have you taken the legal steps to protect your startup from disaster?
The best time to see a lawyer is when you don’t think you need one. Avoid the mistakes first-time entrepreneurs make and take the legal steps to protect your startup from disaster.
Working Notice and Limitation Periods: When Can I Sue?
If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”
Extended Parental Leave – Who Does it Benefit and What Do I Need to Know?
Many readers will have noticed that the 2017 Federal Budget introduced some interesting proposals for new parents and parental leave. This blog post will present details of the proposal, and highlight both its advantages and disadvantages.