Severance Clauses & Demands for a Release
A recent decision of the Ontario Superior Court has again reviewed the wording of the employer’s severance term in an employment agreement.[1] This issue has been discussed in a prior post. Employer Could Not Insist on a Release Apart from the issues which nullified the severance term, the Court interestingly commented upon the employer’s conduct, presuming […]
Read MoreHuman Rights Tribunal Again Sets New Law
The Ontario Human Rights Tribunal once again has released a decision with dramatic impact.[1] Policy of Citizenship The background to the case involved a policy of the employer which required that all new hires be eligible to work in Canada on a permanent basis. The candidates for hire must thus be either Canadian citizens or […]
Read MoreTricky Bonus Issues
Requirement for Active Employment on Payment Date A recent decision of the Ontario court dealt with a situation in which the employee had resigned his employment after December 31 of the relevant year. The company maintained a bonus plan which would normally have paid him a bonus sum for this time period, absent the facts […]
Read MoreMedical Disability and Termination Claims
The issue of a medical issue and termination is regrettably complicated. It is clear that an employer cannot terminate due to the disability as this will be seen as a human rights violation and expose the company to serious liability. The employer also has a duty to accommodate the medical disability to allow for a […]
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