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As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

The holiday season is a time when many employers want to show appreciation to their employees. Gift cards are a popular and convenient choice for recognizing hard work and spreading some seasonal cheer.

But employers need to be aware of the employment and tax implications of gifting gift cards, especially here in Canada. Missteps can result in unintended financial consequences for both the employer and the employee.

If you’re planning to hand out gift cards this year, here’s what you need to know.Continue Reading Keeping Gift Giving Jolly: How Employers Can Avoid Tax Surprises

Job abandonment typically occurs when an employee is absent without communicating with their employer for an extended period, leading the employer to conclude that the employee has voluntarily resigned. However, circumstances like medical emergencies or family crises may justify the absence, so employers should avoid jumping to conclusions.Continue Reading Out of Office… Forever? How to Handle Job Abandonment 

Many employers in Ontario are becoming aware, whether through news articles, or painful and costly first-hand experiences, that employees can be owed significant entitlements upon termination.

As we have explored in more detail in our previous blog posts, employers may owe terminated employees much more than was promised in the employment contract if a court determines that the contract’s termination clause isn’t legal. Continue Reading Please Come Back! Strategies for Navigating Termination Demands

Have you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?

It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).Continue Reading Further Defenses to OHSA Charges: Officially Induced Error

In workplace safety, adherence to the Ontario Occupational Health and Safety Act (OHSA) is paramount. Welcome to the third blog in our OHSA series. Discover how previous regulatory convictions impact sentencing for new OHSA violations. Read our previous blogs here and here.

Convictions for violations of Ontario’s Occupational Health and Safety Act (OHSA) frequently result in significant fines for both corporate entities and individuals. Furthermore, individual defendants may face incarceration if the breaches in question involve significant aggravating factors.Continue Reading How do prior regulatory convictions affect sentencing outcomes for new OHSA violations?

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.Continue Reading Aggravating and Mitigating Sentencing Factors in OHSA Convictions

Defenses to OHSA Charges

Introduction to Due Diligence 

Have you ever wondered what happens if your workplace faces charges under the Ontario Occupational Health and Safety Act (OHSA)or other similar legislation?

What steps should you take, and what defences are available to you? Navigating these charges can be complex, but understanding the due diligence defence is crucial.Continue Reading OHSA Series: Due Diligence Primer

Some employee resignations are clear-cut; the employer is provided with a letter of resignation, with an effective date, a signature etc.

However, what about when an employee shouts “I quit!” and storms out of the office, expresses a general dissatisfaction about their job, or that they have received another job offer? Continue Reading Employee Resignations: When is a resignation valid? 

In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?

Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”. Continue Reading Employee Resignations: The Basics