Is an employee dismissed just before the employer declares a
“discretionary bonus” still entitled to that bonus? “Yes” says a recent decision from the Quebec
Superior Court.
An employment law resource.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@ottawaemploymentlaw.com | 613.238.6321
Friday, 8 June 2012
Wednesday, 6 June 2012
Getting Time to Think
A common question asked by people in high-stress situations
is “Can I have a moment to think?” A
recent decision from the Ontario Superior Court would appear to affirm that one
can.
In the case of Rubin v. Home Depot Canada Inc., 2012
ONSC 3053 the Honourable Justice Thomas R. Lederer held that
notwithstanding that an employee had signed a “release” in favour his employer
with respect to his entitlements on dismissal, given the way in which the
release was put to the employee and signed, the release would not bind the
employee.
Monday, 4 June 2012
Catching a Break
Is an employer required to pay its employees while they are “on
break?” 'Not always,' says a recent decision from
the Ontario Labour Relations Board.
Sunday, 3 June 2012
Park Your Case Elsewhere
Is an employee who falls in the parking lot of the mall in
which she works entitled to Workplace Safety and Insurance Board (WSIB)
benefits? “No” says the Ontario
Workplace Safety and Insurance Appeals Tribunal (WSIAT).
Saturday, 2 June 2012
No Changes Without Consideration
Can an employer simply change the terms of an employee's working conditions or contract whenever and however it chooses?
In a decision from the Ontario Superior Court of Justice, the Honourable Justice Mary Sanderson confirmed that Ontario courts will not enforce changes to an employee’s employment contract unless employers provide the employee with either: (a) notice of the changes; or (b) "consideration".
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