Employee Benefits | MacLeod Law Firm

Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

Source

Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

Source

Doug’s Top 10 Employment Law Stories of 2018

Doug MacLeod — Thu, 27 Dec 2018 14:49:23 +0000

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of the year: 1. Bill 148 Bit the Dust Ontario’s Employment Standards Act received its last major update in 2000. During the last three years, the Liberal provincial government consulted widely and introduced comprehensive changes to this law by way of Bill 148. After this year’s spring election…

Source

Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts

MacLeod Law Firm — Tue, 27 Nov 2018 14:41:08 +0000

Where an employee is terminated or resigns, what is the effect of a bonus plan that requires the employee to be “actively employed” at the time the bonus is paid out in order to receive it? The Ontario Court of Appeal released two decisions, only one year apart, that reached seemingly opposite conclusions to this question. 2016 Case – Employee Entitled to Bonus after Termination Mr.

Source

Valuing Employee Pensions in Wrongful Dismissal Cases: A Boring but Important Issue

Doug MacLeod — Tue, 06 Nov 2018 14:25:59 +0000

A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension plan. So the question arises: when calculating wrongful dismissal damages, how do you calculate damages for pension benefits? A recent case considered this question. The Facts Imperial Oil Ltd. terminated Donald Dussault’s…

Source

Are You Still Entitled to Employment Insurance If You Quit?

Fiona Martyn — Wed, 17 Oct 2018 15:24:47 +0000

Under the Employment Insurance Act, both employers and employees are required to contribute to Employment Insurance (“EI”) premiums. The objective of EI benefits is to provide temporary income support to unemployed workers while they search for new employment. It is well recognized that terminated employees are entitled to receive EI benefits. But what if an employee resigns?Are they still the…

Source

A Benefit of Working Past 65: Employee Benefits Must Continue

Doug MacLeod — Tue, 31 Jul 2018 16:21:43 +0000

A recent human rights decision may result in Ontario employers paying higher premiums for group employee benefit plans. Mr. Talos was a secondary school teacher and decided to keep teaching after he turned 65 years old even though he could retire and receive a pension and other government benefits. He was financially motivated to continue working because he needed the health benefits.

Source

Pregnancy, Parental and Maternity Leave 102 (Federal)

Nicole Simes — Mon, 05 Mar 2018 16:30:18 +0000

PREGNANCY, PARENTAL AND MATERNITY LEAVE 102 We often receive calls from expecting parents asking about their rights to benefits and time off work once their child arrives. This article reviews the rights for employees of federally regulated companies in Canada, like banks and airlines. If you work for a provincially regulated company, see here. An employee’s right to take unpaid time off work…

Source

Pregnancy, Parental, and Maternity Leave 101 (Provincial)

Nicole Simes — Mon, 05 Mar 2018 16:18:35 +0000

Pregnancy, Parental, and Maternity Leave 101 (Provincial) We often receive calls from expecting parents asking about their rights to maternity leave or parental leave and benefits once their child arrives. This article reviews the rights for employees of provincially regulated companies in Ontario. If you work for a federally regulated company, like a bank or airline, see here.

Source

WSIB Benefit Changes Effective January 1, 2018

Nicole Simes — Thu, 11 Jan 2018 16:29:34 +0000

Claiming benefits through WSIB because of harassment or bullying at work just got much easier. Until very recently, the Workplace Safety and Insurance Act only allowed employees to claim workers compensation benefits if they experienced traumatic mental stress at work. This was very difficult for employees to prove. The law said that the stress had to be brought on by an event that was sudden and…

Source