Practical HR Tips, News & Advice. Updated Daily.
By Marisa Victor and Yael Wexler An employment contract can provide certainty and protection for both the employer and employee. But what happens when it comes time to renew it? A recent Ontario case shows what can go wrong when an employer offers an existing employee a revised contract in order to address performance or […]
By Kyla Stott-Jess Hollywood’s portrayal of sports agencies presents a world that is dramatic and cut-throat, with ambitious sports agents competing for the chance to represent talented athletes. A recent court decision in Alberta brought this competitive business into the courtroom when a sports agency squared off against a former employee. It also provides several […]
HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into […]
By Gulu Punia and Kyla Stott-Jess When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question […]
By Hadiya Roderique Despite signs of a recovering economy, Canadian employers are still looking for ways to downsize operations and minimize human resources expenses. One cost-effective manner is to give working notice when terminating an employee. What is working notice? Working notice is an alternative to paying out a lump sum upon dismissal. The employee […]
By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status. Nor what that status means […]
Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]
by Peter M. Panken Drafting executive employment contracts requires attention to myriad details. The higher up the executive, the more likely there will be detailed negotiation of the terms. And when negotiating with an incoming CEO, CIO, or CFO, an HR executive is faced with tough negotiations with a future boss. Keep up with the […]
by Sara Parchello Many employers are trying to reorganize operations in order to survive this economic downturn. As Canadian employers know, a substantial change in an employee’s job functions can lead an employee to make a claim for constructive dismissal. This can result in significant liabilities when you can least afford it. How far can […]
by Katie Clayton and Jennifer Shepherd Figuring out an employee’s entitlements upon termination can be tricky in Canada. It can be an even trickier exercise for commissioned employees. For example, are employers required to pay employees commissions for deals that close after they are terminated? Unless the employment contract explicitly states otherwise, the answer is […]