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Inside Internal Controls

News and discussion on implementing risk management

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wrongful dismissal

When a party breaches a settlement agreement: Being made whole

A party that breaches a settlement agreement risks both being forced to complete the agreement and having to pay the legal costs of the party seeking to enforce the agreement.

 

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ONCA affirms an offer of employment by the purchaser of business assets to an employee of the seller is valid consideration for a new employment contract

Where the purchaser of all or part of the assets of a business offers employment to a seller’s employee, and the employee accepts, the following common law rule applies: the employee’s employment with the seller is constructively terminated, and a new contract of employment is entered into with the purchaser.

 

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Employers’ financial difficulties irrelevant when calculating notice periods

Compared to employment, business ownership can offer independence and control, but can also create inescapable financial and other obligations. Salaries and other expenses must be paid regardless of how poorly the business does. The inescapable obligation to pay the appropriate notice pay when employees are terminated, was recently the subject of an Ontario Court of Appeal case.

 

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Employee dismissed for cause after breach of privacy policy

In Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy

 

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Providing tax-free shares to forgo employment rights

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Interesting employment law developments are happening in the UK. Beginning in April 2013, British employees will be offered a new option in employment contracts, where they may own shares in the company they work for and in exchange, will forgo certain workers’ rights.

 

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