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 ...

CAN I PREVENT COMPETITION FROM PAST EMPLOYEES?

01. August 2019 0
Many employers ask if they can prevent an employee from competing with them or soliciting clients after they leave their employment. There are many reasons that employers will want to do this. Depending on the nature of the industry, an employee’s ability to compete can result in the loss of a large portion of clientele, ...

WHEN IS AN INDEPENDENT CONTRACTOR NOT SO INDEPENDENT?

19. July 2019 0
Many employers use a variety of types of arrangements for their workforce.  One of the arrangements we see quite frequently is that of independent contractor.  An independent contractor relationship has a variety of benefits both for the contractor and for the employer.  One of the key benefits for the employer is the ability to limit ...

CAN I TERMINATE AN EMPLOYEE FOR INCOMPETENCE?

11. July 2019 0
A common question I am often asked is whether an employer can terminate an employee for cause who just is not doing a good job.  Terminating for cause rather than without cause carries with it the significant savings of not having to provide a severance package.  Our courts have held that there are very limited ...

ARE YOUR RESPECTFUL WORKPLACE POLICIES COMPLIANT WITH WORKSAFE BC REQUIREMENTS?

09. July 2019 0
WorkSafeBC requires all employers to both take reasonable steps to prevent or minimize workplace bullying and harassment and also requires employers to develop and implement written procedures for the reporting of incidents or complaints of workplace harassment and bullying.  Section 115(1)(a) and Section 115(2)(e) of the Workers Compensation Act place the following duties on the ...