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Serious insight for serious situations.

Serious insight for serious situations.

The power of a policy

We are often asked to either create, update or, as investigators, apply a workplace policy by various organizations. An organization may be in need of a policy to satisfy a legal obligation – i.e. a piece of legislation requires it. Or it may be for strategic reasons – to set certain standards in the absence

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Departing employees gone rogue

Sophisticated information technology systems are rapidly taking over the modern workplace.  With the advent of remote access, cloud-based storage, ghost imaging, and everything in between, employers are increasingly adapting to evolving technological trends to remain competitive in their respective industries. However, the ease with which information can now be accessed and duplicated has presented a

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Home renos and employment agreements: How employers can avoid the money pit

I have spent many lazy Saturday mornings watching home renovation shows on TV.  I envy the vision and drive of those who undertake these projects and marvel at the final reveal. Through the magic of television, these renovations are always successful (but for the one hilarious yet rectifiable snafu that creates conflict halfway through the

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One cannot both breach and benefit – employer precluded from relying on termination clause it breached

Employers are often advised to act cautiously when dismissing employees, particularly when those employees are subject to enforceable termination provisions.  Hasty decisions to terminate based on unfounded allegations of “just cause”, or careless applications of “without cause” termination provisions, may result in unintended consequences.  Specifically, employers may find themselves: exposed to liability for bad faith,

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‘Tis the season for seasonal employment

As the snow begins to pile up, it’s clear that it’s that time of year again: winter. With it, winter brings a different time of year for a number of our employer clients: they’re hiring “seasonal” employees. In Canada, many businesses rely on temporary employees to boost their ranks during busy periods, particularly in the

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Have your bonus preconditions been “sufficiently” communicated to your employees?

In the last few months, there has been an influx of commentary on the enforceability of contractual provisions purporting to limit an employee’s bonus entitlements upon termination.  Following the Ontario Court of Appeal’s seminal decisions in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (“Paquette”) and Lin v. Ontario Teachers’ Pension Plan, 2016 ONCA 619

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How to handle employee resignations

Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice

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