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Inside Internal Controls

News and discussion on implementing risk management

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Payroll and Personnel Management

Employee forfeits $115,000.00 in bonuses by resigning; active employment clause valid

A bonus policy may state that employees who are eligible for bonuses must also be actively employed to receive their bonus payments. That is, employers may institute an “active employment clause”. Courts will uphold valid active employment clauses, as demonstrated by Bois v. MD Physician Services Inc., 2017 ONCA 857 (CanLII). MD Physician Services Inc. […]

 

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New initiatives to hold companies accountable for human rights violations abroad

On January 17, 2018, the federal government announced two new initiatives to hold Canadian companies doing business and operating abroad accountable for human rights violations abroad.

 

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An example of game theory in risk management

One of the risks identified by many organizations as significant and included in the risk disclosures required in corporate filings, such as the annual and quarterly filings with the U.S. Securities and Exchange Commission, is the loss of key personnel.

 

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Keeping an eye on employees – Guidance from BC’s Office of the Information and Privacy Commissioner

If you decide that you need to keep an eye on your employees, you’ll want to take into consideration this guidance from BC’s Office of the Information and Privacy Commissioner. As technology becomes more inexpensive, accessible and ubiquitous, we are seeing an increase in employers’ use of surveillance tools. While workplace monitoring has its benefits, […]

 

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You can’t delegate ethics on the issue of sexual harassment

There is no denying the alarming scope and prevalence of workplace sexual harassment. For the past several months, it seems not a day goes by without news of another troubling example of egregious workplace behavior. Victims of sexual harassment have moved beyond simply speaking up; they are now standing up, speaking out and making sure their voices are heard.

 

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Is it about managing risk?

Managing risk absent the context of your objectives leads you to manage what may be irrelevant and miss what may be crucial.

 

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High-profile sexual harassment claims show a toxic culture can be a product defect

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value of my company’s brands, or the company itself?

 

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Indecent proposal? Whether and how to ask existing employees to sign new employment contracts

Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee. Some will sign without issue, while others will refuse to do so.

 

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BCCA eyes enforceability of restrictive covenant in IRIS appeal

Restrictive covenants are often a key component of employment agreements and commercial transactions. Enforceability, however, can be challenging, especially in the employment context

 

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Employee misconduct and social media

As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship.

 

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When federal insolvency laws and provincial labour laws collide

The intersection between insolvency law and labour law has long created a struggle between balancing the rights of employees and maintaining a mechanism for restructuring or liquidating distressed companies.

 

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No priority for pension claims in Wabush CCAA

Wabush is a welcome decision for third-party lenders to companies with defined benefit pension plans, and employers who sponsor defined benefit pension plans who may have had issues in accessing capital as a result of the SCC decision in Indalex.

 

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Conducting an internal investigation? Here are 4 things to consider

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Many internal investigations (such as harassment claims, fraud, misuse of company assets, etc) often involve the use of digital devices and may require a forensic analysis of those devices to find evidence of an employee’s actions.

 

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What HR needs to know about investigating an employee’s digital activity

You’ve been asked to review the digital activity of an employee. Your company has some concerns, and wants you to investigate. With the amount of enterprise-level technology and controls that most companies now have, shouldn’t that be fairly straightforward?

 

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Overtime and Oxford Commas: The $10M punctuation mark

Drafting any kind of contract requires a careful consideration of both wording and punctuation. Unions should ensure that their collective agreements are unambiguous and watertight.

 

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