May 12, 2016 by Aiwen Xu in English, Ontario, Pensions and Benefits
  • Comments Off on A Quick Guide to the Taxation of Retiring Allowances

A Quick Guide to the Taxation of Retiring Allowances

When an employee’s employment is terminated without cause, the employee will typically receive some form of a termination/severance payment. All or part of this termination/severance payment may be considered a “retiring allowance” under the Income Tax Act, providing the employee with additional options in respect of the allocation of the

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May 10, 2016 by Arianne Bouchard in Employment Standards, English, Quebec
  • Comments Off on Fixed Term Contracts: Damages for “trouble and inconvenience”

Fixed Term Contracts: Damages for “trouble and inconvenience”

In a recent decision[1], the Superior Court of Quebec held that the termination of a fixed term contract of employment constitutes a breach of contract which may allow for an award of damages for “troubles and inconveniences” suffered by the employee, in addition to damages for early termination.

The

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May 06, 2016 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice of resignation.  A 2016 Ontario Superior Court of Justice case has recently confirmed same.

In the case of Gagnon

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May 05, 2016 by Cristina Wendel in Alberta, Employment Standards, English
  • Comments Off on Court finds termination clause purporting to limit a 17-year employee’s termination notice to the 8 week statutory minimum to be “clear, express and unambiguous”

Court finds termination clause purporting to limit a 17-year employee’s termination notice to the 8 week statutory minimum to be “clear, express and unambiguous”

An Alberta court recently had the opportunity to consider the question of whether a termination clause was effective to take away an employee’s entitlement to pay in lieu of notice of termination in excess of the minimum set out in the Alberta Employment Standards Code (“Code”). The Plaintiff in this

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May 02, 2016 by Sabrina Serino in Employment Standards, English, Ontario
  • Comments Off on Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both the Occupational Health and Safety Act (the “OHSA”) and the Employment Standards Act, 2000 (the “ESA”), the

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April 29, 2016 by Mary Picard in English, Ontario, Pensions and Benefits
  • Comments Off on Ontario Retirement Pension Plan: a guide

Ontario Retirement Pension Plan: a guide

Media coverage about the Ontario Retirement Pension Plan (ORPP) has been unrelenting for the past two years. The Ontario government has made many announcements setting out its vision for its new, government-run defined benefit pension plan for Ontario employees which will be similar to the Canada Pension Plan (CPP).

Are you

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April 26, 2016 by Emily Denstedt in Alberta, English, Labour
  • Comments Off on The Right to Strike: Changes to Alberta Labour Legislation

The Right to Strike: Changes to Alberta Labour Legislation

In light of the Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4 decision, the Alberta government has undertaken a review of the Labour Relations Code (“LRC”) and the Public Service Employees Relations Act (“PSERA”). Following a con...

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April 08, 2016 by Catherine Coulter in English, Human Rights, Ontario
  • Comments Off on Miscarriage is a Disability

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to claim discrimination ...

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April 06, 2016 by Larry Nevsky in Employment Standards, English, Ontario
  • Comments Off on UPDATE ON THE EXEMPTION FOR NON-RESIDENTS FROM PAYROLL WITHHOLDING

UPDATE ON THE EXEMPTION FOR NON-RESIDENTS FROM PAYROLL WITHHOLDING

The Canada Revenue Agency (“CRA”) recently introduced a program to ease the administrative burden associated with Canadian withholding on the salary, wages, or other remuneration paid to non-resident employees performing their duties in Canada for ...

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July 30, 2015 by Catherine Coulter in Employment Standards, English, Ontario
  • Comments Off on What If Your Independent Contractor Is Really a Dependent Contractor?

What If Your Independent Contractor Is Really a Dependent Contractor?

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship.  A recent case has confirm...

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