In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.
With the holiday season upon us, ‘tis the season to talk about the night before Christmas we all look forward to at the workplace: the annual holiday work party. These celebrations come in all shapes and sizes: afternoon teas, gift exchanges, ugly sweater competitions, Christmas caroling, dinner, dancing – the possibilities are endless. Unfortunately, so too are the possibilities for things to go wrong.
Our very own Jill Lewis was interviewed yesterday by the CBC, discussing the changes to extended parental leave proposed in the 2017 Federal Budget. The proposal allows parents to take an extended parental leave of up to 18 months. The benefit rate for extended leave will be 33%, compared to the existing rate of 55% for 12 months.
Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?
When you ask a former employer or colleague for a reference, it’s usually safe to assume that they will give a positive one. If the nicest thing someone has to say about you is that you regularly wear deodorant and you’re efficient when filling your water bottle, you would hope that they wouldn’t agree to be your reference in the first place. Sadly for one Canadian, this is not always the case.
A recent decision from an Ottawa judge at the Superior Court of Justice has shed light on whether severance packages offered by employers at termination can later be referred to in court pleadings. It seems that the answer will usually (but not always) be “no”.
What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.
Ottawa – July 24, 2017 – A Timeline for Certification Motion regarding the BlackBerry Class Action has been set and a motion record has been filed with the Court. Note that all dates in the timeline could be subject to change, including the certification motion date. Click here to view the Timeline for Certification Motion.
Last month Bill C-16 was finally given royal assent. The bill, which adds protection of gender identity and expression to the Canadian Human Rights Act and the Criminal Code, received a 67-14 vote in favour of the bill in the Senate. The passing of the law is regarded by many as a historic moment, bringing federal human rights laws in line with the provinces and territories.
Generally speaking, you need a lawyer when you have a problem. However, choosing the right one may seem like a daunting task. That said, it is an important one, as choosing the right lawyer and/or law firm will help you better understand your situation, your options, and hopefully leave you feeling as though you have been heard and that someone is on your side. Below are my top 3 things to keep in mind when choosing a lawyer and/or a law firm.