We’re pleased to share our highlights video from our February 28th seminar in which we reviewed key changes under Ontario’s Bill 148 and provided practical guidance to assist employers in meeting the new legislative requirements. To view the video, click here.
Is Your Dismissed Employee Entitled to a Bonus?
Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found here. Continue Reading Is Your Dismissed Employee Entitled to a Bonus?
Join us at ‘Solving Workplace Challenges 2018’
Baker McKenzie is partnering with The Globe and Mail for the Solving Workplace Challenges 2018 conference, a dynamic, half-day learning event. Three panels of experts will provide recommendations and practical strategies for some of the most pressing issues facing employers today, including mental health, marijuana in the workplace and building employee resiliency.
Chris Burkett will be speaking on a panel on workplace policies moderated by Sean Stanleigh (Globe and Mail), Daniel Lublin (Whitten Lublin), Jessica Antoine (Purolator) and others.
The conference is on March 20, 2018 at The Globe and Mail’s new headquarters at 351 King St. East in Toronto. For more details and to register, follow this link.
Is a Discretionary Bonus Really Discretionary?
Many employers rely on the discretionary nature of their bonus plans to deny bonuses to employees they’ve dismissed. However, in last month’s decision in Singer v Nordstrong Equipment Limited, 2017 ONSC 5906, the Court held that stipulating that a bonus is discretionary in the policy doesn’t necessarily give the employer complete freedom to withhold the bonus. Rather, discretionary bonuses must be awarded through a “fair, identifiable process.” Continue Reading Is a Discretionary Bonus Really Discretionary?
December 3 Brings New EI Parental, Maternity & Caregiving Benefits
Last week, Employment and Social Development Canada confirmed that new Employment Insurance (“EI”) parental, maternity and caregiving benefits will come into force on December 3, 2017. The new EI benefits were proposed in Federal Budget 2017 (see our previous blog post here) to support employees who need time off work due to life events. The key changes are outlined below. Continue Reading December 3 Brings New EI Parental, Maternity & Caregiving Benefits
Value of IME in Accommodation Process Underscored by Ontario Courts
The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination (“IME”) in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, 2017 ONSC 2517, the Ontario Divisional Court held that an employee’s duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee’s medical expert. Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts
SCC Decision Reminds Employers to Draft Termination Clauses with Care
The Supreme Court of Canada (“SCC”) recently ruled that a unilateral contract renewal clause was valid, despite its potential to bind one party perpetually: Uniprix inc. v. Gestion Gosselin et Bérubé inc. The clause afforded sole discretion to the respondents to renew or terminate their contract with Uniprix. The wording of the clause, the nature of the contract and the relationship between the parties were determinative in the majority’s ruling, which upheld the decisions of the Court of Appeal and the Superior Court of Quebec. The SCC’s decision and our key takeaways are outlined below. Continue Reading SCC Decision Reminds Employers to Draft Termination Clauses with Care
Highlights from our Recent #SocialMediaAtWork Seminar
We’re pleased to share our highlights video from our #SocialMediaAtWork seminar. This informative seminar was hosted by our Employment & Compensation Group in Toronto on June 7th. Topics included the legal and reputational risks of both employees’ and employers’ social media use and practical guidance to help minimize employers’ exposure to these risks.
Proactive Anti-Drug Policy Not Discriminatory: Supreme Court of Canada
In a recent decision, Stewart v. Elk Valley Coal Corp, the Supreme Court of Canada (“SCC”) held that the Alberta Human Rights Tribunal (“Tribunal”) reasonably concluded that a worker who tested positive for drugs following a workplace accident was terminated because he breached the employer’s drug policy and not for discriminatory reasons. This decision is a welcome result for employers faced with safety risks due to substance use in their workplace. Continue Reading Proactive Anti-Drug Policy Not Discriminatory: Supreme Court of Canada
Key Privilege Questions Answered
A new report by my colleagues Peter MacKay and Christopher Burkett provides comprehensive answers to key questions about the law of privilege in Canada. The report was published by Global Investigations Review and is available here.
Reports on privilege by our colleagues in China, Italy, Japan, Mexico and the United Arab Emirates are also available.