What employers need to know to avoid post-termination surprises: Bonuses and other fringe benefits
In a competitive job market, many employers turn to implementing bonus programs or offering other fringe benefits like car allowances to attract and retain talented employees. However, employers are often surprised to learn that they may owe recently terminated employees ongoing bonus payments and other fringe benefit payments through the employee’s notice period. In this […]
SpringLaw
An employer’s role in the duty to mitigate
Following a termination, employees have an obligation to take reasonable steps to find other employment to minimize their wrongful dismissal damages. Asserting that an employee has failed to comply with their duty to mitigate is a strong tool for employers looking to reduce the amount of damages owed to an employee. However, demonstrating a failure […]
Simes Law
Is requesting a layoff a resignation?
Employers often make the mistake of thinking that they can put an employee on a temporary layoff, so long as they respect the applicable employment standards provisions. To their dismay, they are then served with a constructive dismissal claim.
Rudner Law, Employment / HR Law & Mediation
4 minutes read
October 4, 2024 
Five considerations for commission policies
A commission is an entitlement to compensation based on attaining a target. Employers should remember the following five things when designing and operating commission schemes:
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Navigating workplace investigations – Employer FAQs (Part 2)
When an employer’s duty to investigate is triggered following a complaint, a workplace investigation “appropriate in the circumstances” must be conducted. But who’s the judge of what is considered appropriate?
Belle Yuan, HR consultant, Strategywise HR
5 minutes read
October 1, 2024 
Employers’ duty to accommodate family status when scheduling shifts is not unlimited
Family status is a protected ground under the Ontario Human Rights Code and employers have an obligation to provide reasonable accommodation in the circumstances.
McCarthy Tétrault LLP
BC case dealing with variation of restrictions on a gift
A very interesting case from BC is a must-read for any fundraiser who deals with restricted gifts. The case Boys and Girls Club of Greater Victoria Foundation v British Columbia (Attorney General), 2024 BCSC 442 (CanLII) (PDF) deals with cy pres or variation of a gift and the standard that is necessary.
Occasional Contributors
Navigating the challenges of AI fairness, bias and robustness
In the past several years, artificial intelligence (“AI”) has exploded into the public consciousness and emerged as a driving economic force that underpins some of the world’s largest companies and most exciting new start-ups.
McCarthy Tétrault LLP
Facebook breached PIPEDA, says Federal Court of Appeal
The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint into the scraping of Facebook user data by the app “thisisyourdigitallife” (TYDL) and its subsequent selling of the data to Cambridge Analytica (CA) for psychographic modelling purposes between November 2013 and December 2015. The OPC made an application to the Federal Court of Canada (FCC) and argued that Facebook breached the Personal Information Protection and Electronic Documents Act (PIPEDA) because of its practice of sharing Facebook users’ personal information with third-party applications (apps) hosted on the Facebook platform.
Christina Catenacci, BA, LLB, LLM, PhD
