Coronavirus: Advice for Employers

10. February 2020 0
The World Health Organization recently declared novel coronavirus (“coronavirus”) a global health emergency. Countries across the world are taking precautions to prevent the spread of the infectious virus. In light of the current situation and potential for escalation, employers should be cognizant of their workplace duties relating to these types of health scares. Prevention Employers ...

UBER NOT GIVING UP ON ARBITRATION CLAUSE WITHOUT A FIGHT

27. January 2020 0
While Uber made its highly anticipated arrival in British Columbia last week, the leading ridesharing company is awaiting a decision from the Supreme Court of Canada on the validity of an arbitration clause in their contracts with drivers. Uber is a Netherland based company but operates worldwide treating their drivers as Independent Contractors. When an ...

HAVING AN OUT FOR A FIXED TERM CONTRACT

15. January 2020 0
Many employers arrange employment relationships under a “fixed term” contract.  Fixed term contracts run for a set period of time and specify the date on which the employment ends.  These types of contracts can be beneficial as they provide greater certainty that an employee will fulfill the full term of the engagement. They are often ...

5 WAYS TO REDUCE THE RISK OF USING VOLUNTEERS

25. November 2019 0
Many organizations (including charities, non-profits, and religious organizations) rely on a mixture of employees and volunteers to help them in their day to day functions.  The volunteers can play a very important role in an organization, but volunteers can also be a source of potential liability.  A volunteer could later claim to be an employee ...

ENSURING A DISCRETIONARY BONUS REMAINS DISCRETIONARY

24. October 2019 0
Many compensation plans include entitlement to some form of variable pay or bonus, and typically with respect to a bonus the employer will take the position that it is discretionary, that is that they get to decide who gets the bonus, when they get it and how much they get. Some bonus plans are structured ...

WHAT NOT TO DO WHEN TERMINATING AN EMPLOYEE

09. October 2019 0
A recent Ontario Court of Appeal decision provided clear direction to employers on what NOT to do when terminating employees.  The Court of Appeal in Ruston v. Keddco Mfg. (2011) Ltd., 2019 ONCA 125 affirmed the trial decision.  At trial the Court awarded $100,000 in punitive damages against the employer for the manner of termination ...

5 TIPS FOR USING EMPLOYMENT AGREEMENTS IN THE HIRING PROCESS

07. October 2019 0
In our other blog posts, we have strongly encouraged employers to use written employment agreements for their employees.  Here are some useful tips to consider when making employment offers with written employment agreements. When making a verbal or written employment offer to a prospective hire, make it clear that the offer is subject to the ...