Friday, 8 June 2012

Dismissed Employees Still Entitled to Bonus

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.

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".