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Inside Internal Controls

News and discussion on implementing risk management

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employment standards

Update on overtime class actions in Canada

To avoid claims and payments for unpaid overtime, employers should consider methods to control overtime costs such as establishing overtime policies, overtime agreements, or averaging agreements, if permitted by applicable legislation.

 

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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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Non-profit’s funding challenges lead to constructive dismissal

The Ontario Labour Relations Board (ORB) recently held that a non-profit’s non—payment of wages and funding challenges amounted to constructive dismissal of one of its employees. (See Aundrea Di Giuseppe v Hospice Richmond Hill, 2015 CanLII 56255 (ON LRB)). Background The employee was the Executive Director at Hospice Richmond Hill (the “Employer”) for over 8 […]

 

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The hiring process: How to control risks

Recruiting and hiring new staff members is fraught with challenges. Which candidate has the right combination of skills for the job? Will she fit in with her new team members? Can he actually do the things he says he can? These questions are fundamental to effective hiring, but they don’t begin to consider the legal risks associated with the hiring process.

 

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