Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Recruiting the recruiter

Employers often lament that it’s hard to find “good people.” There are a number of ways in which employers seek out “good” employees, including job postings, referrals and third party recruitment.  It is the latter tactic that has put a wrinkle in a number of files I have handled. While third party recruitment is a

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Chaos in the realm of termination clauses

Increasing Consistency Although an employee is presumptively entitled to reasonable notice of termination, this notice can be altered by contract. However, for a termination clause to be enforceable, it must provide for an employee’s minimum statutory entitlements under the applicable employment standards act in a given jurisdiction.[1]  Where a termination clause is held unenforceable, the

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The power of an apology

I read recently that the Hydro One employee who was terminated in the “FHRITP” fracas had recently been reinstated, through an arbitration process, after he, among other things, extended a sincere apology to the reporter. Reading about his reinstatement made me think about the power of the apology. There is no question that an apology

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Does an employer’s financial health affect the termination entitlements of employees? The Ontario Court of Appeal officially signs the divorce papers

Corporate restructuring has become a business reality in our volatile global economy. Just last week, Maple Leaf Foods announced its plan to cut more than 400 jobs across the country in a move to redirect resources and remain cost competitive. Other large organizations, including Bell Media and Enbridge, have recently announced similar restructuring plans that

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Criminal charges, criminal convictions, and their implications for the employment relationship

Last week, former Subway pitch-man Jared Fogle was sentenced to more than 15 years in prison, after pleading guilty to charges of trading in child pornography and paying for sex with minors. Subway had cut ties with Mr. Fogle months earlier, after police raided his home in July of this year.  In the circumstances, few

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Solicitation through social media

It is common practice in Ontario for employers to restrict a departing employee’s ability to solicit employer customers, suppliers, current employees, etc.  Although many such clauses specify particular actions that are prohibited, very few turn their mind to governing a departing employee’s actions on social media. As the Canadian courts have not yet ruled on

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Addressing sexual violence in Ontario’s colleges and universities

On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”).  Last week my colleague Janice Rubin wrote about the implications for employers of the amendments to the Occupational Health and Safety Act. This week, I am considering the implications for Ontario’s colleges

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