A recent Supreme Court of Canada decision offers helpful guidance on incentive compensation during a reasonable notice period. In Matthews v Ocean Nutrition Canada, the employee alleged constructive dismissal based on years of mistreatment. Included in the employee’s claim was recovery under the employer’s incentive plan for a payout that he otherwise would have received […]
In an ongoing series by the Toronto Star, Associate Mika Imai offers her opinion on the potential employment-related ramifications of activism on social media. Read the full Toronto Star article here.
Caveat: The information below is not legal advice. The Regulation is ambiguous in parts and exemptions apply. — As we reported earlier, on May 29, 2020, the Ontario government amended the Employment Standards Act, 2000 (the “ESA”) through Ontario Regulation 228/20. The stated purpose is to prevent businesses from “unsustainable termination costs” and facilitate the […]
On May 29, 2020, the Ontario government introduced Regulation O. Reg. 228/20: Infectious Disease Emergency Leave. The new regulation re-characterizes certain layoffs related to COVID-19 as an emergency leave under the Employment Standards Act. We are still reviewing the newly introduced legislation and will have further details on the impact for employees and employers. Wondering […]
Since our last update on March 21, 2020, we’ve seen several changes to the government assistance being offered. We’ve done our best to summarize these below. Please note, this is general information, not legal advice, and is based on information current only to April 3, 2020 and is specific to Ontario. Topics covered: Canada Emergency […]
Please note, this is general information, not legal advice. Each employer will have different workplace policies, employment contracts and work environments which will affect their legal obligations. This is also a rapidly evolving situation. New government regulations and employee entitlements are regularly being announced. This summary is based on information current to March 21, 2020 […]
Associate Mika Imai provides employment law information in the age of COVID-19 — what to do if your boss wants you to self-quarantine without pay. Check out the Globe and Mail article here. Have more questions about the impact of COVID-19 on your workplace? Contact us.
By Mika Imai For employees with share entitlements, a big-ticket question post-termination is often whether the employer must compensate the employee for their shares and, if so, the timeline for the sale. Typically, the answer to this question depends on whether the Shareholders’ Agreement is enforceable in court. Most plans mandate an automatic transfer of […]