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Serious insight for serious situations.

Serious insight for serious situations.

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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Deaf Employee Awarded Over $100,000 in Damages after “Horrendous” Conduct by Employer

A decision from the Ontario Superior Court of Justice last week contains some of the most disturbing termination facts I have seen in some time. Quite simply, it is a case study on how not to treat an employee with a disability – or any employee for that matter – and how not to terminate

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Notice No-Nos: Some Basic “Don’ts” When Providing Notice of Termination

Many of our employer clients are led by sophisticated HR teams and experienced managers who are well-versed in the dos of the termination process: do prepare a termination letter in advance; do consider who should be present in the termination meeting; and do seek advice as to the appropriate length of notice of termination to

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Can a director, officer or shareholder be a “common employer”?

In a recent decision, the Divisional Court considered whether a director, officer or shareholder of a business may be a “common employer” along with the business itself. The implication of this decision is significant, particularly for individuals running closely-held corporations: if he or she is deemed to be a “common employer”, then he or she

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