Serious insight for serious situations.

Serious insight for serious situations.

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Reflections and news direct from Rubin Thomlinson.
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#1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 3)

Third and final installment on this first point. To recap, in Part 1 of this series, we discussed whether an employer has cause to terminate employment without notice. Assuming the employer did not have cause to terminate employment we discussed termination provisions in employment contracts in Part 2 of the series. This third post will

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The problem with knee-jerk reactions: A call for consideration before termination

Scientifically known as the patellar reflex, a “knee-jerk reflex” is described by Encyclopaedia Britannica as the “sudden kicking movement of the lower leg in response to a sharp tap on the patellar tendon, which lies just below the kneecap.”  In common language, we refer to knee jerk reactions as “reacting quickly and without thought.” I

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Managerial responsibility – workplace complaints

I had the opportunity to participate recently in a discussion on managerial action/inaction in relation to harassment complaints. One of the participants commented that it was hard to believe, but true, that there were still managers in her workplace who did not take action of any sort after an employee had reported concerns of harassment

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#1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 2)

Second installment. You’ve decided that you do not have cause to terminate so you will be proceeding on a without cause basis. The next question becomes “What are the employee’s entitlements on termination?”. Well, there are really only two possible options, which I’ve attempted to represent pictorially (clearly, I missed my calling as a graphic

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#1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 1)

There are a lot of overlaid concepts under this rubric so the first thing I’ll do is break those down into their components. Given the number of components in this topic, my response to this first “issue” will be posted over several days, so keep on coming back for updates! Termination with or without cause

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Where HR professionals get it wrong: Employment counsels’ collective musings

The Human Resources Professionals Association (HRPA) recently conducted a survey of lawyers specializing in employment law. The results of the survey flag the legal issues HR professionals most frequently grapple with in the workplace, particularly those issues where they were most likely to “get it wrong”. The amount of feedback received exceeded the HRPA’s expectations

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Understanding creed

Recently, the Ontario Human Rights Commission released its Policy on preventing discrimination based on creed, updating their previous creed-related policy from 1996. Like other recent Commission policies on topics such as gender identity/expression and family status, the Policy provides clarity on the definition of the ground, while also providing guidance for employers on specific situations

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Anatomy of an employment lawyer

“Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self worth and emotional well being.” These words were penned nearly 30

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