August 31, 2009 at 9:00 pm by: Brian Smeenk
What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a [...]
Posted in Arbitration, Termination, Union-Labor Relations by: Brian Smeenk
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August 24, 2009 at 9:00 pm by: Northern Exposure
by Bill Duvall
At the best of times, employer-sponsored pension plans bring with them thorny administrative and legal problems.
Posted in Canada Supreme Court decisions, Compensation, Benefits, and Pensions by: Northern Exposure
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August 17, 2009 at 9:00 pm by: Dominique Launay
Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship.
Posted in Employment Law, Privacy, Termination, Termination and Dismissal by: Dominique Launay
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August 11, 2009 at 5:00 am by: Sara Parchello
Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely [...]
Posted in Employment Contracts, Employment Law, Termination by: Sara Parchello
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August 4, 2009 at 5:00 am by: Derek Knoechel
As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired.
Posted in Employer's Tip, Termination, Termination and Dismissal by: Derek Knoechel
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