Canada: Another Class Action For Overtime Certified – Are Your Overtime Practices Compliant?

On January 31, 2015 the Ontario Superior Court of Ontario certified a $100 million dollar class action lawsuit for unpaid overtime against Canada Cartage, a transportation company governed by the Canada Labour Code.   The case is a stark reminder to employers of the potential costs of not complying with provincial or federal overtime requirements.

Overtime claims usually arise in one of the following circumstances:

An employer mistakenly believes that the employee is not entitled to overtime […]

By | February 23rd, 2015 ||

Canada: The Four Top Ways For Employers To Avoid Liability To Employees For Disability Benefits

One of the most difficult issues faced by employers when terminating employees is how to deal with benefit coverage during the severance period.

Unless there is a written contract of employment that provides otherwise, an employment contract (including a verbal contract) contains an implied term that, absent just cause, employees are entitled to reasonable notice of the termination of their employment.

Most employers provide an employee with a severance package which provides pay in lieu of […]

By | February 23rd, 2015 ||

Australia: Fair Work Commission updates definition of bullying

In a recent decision rejecting allegations of bullying by a lawyer employed in the financial sector, Vice President Hatcher has suggested that the Australian Fair Work commission will find any of the following conduct to constitute bullying: “intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination.”

Even though […]

By | February 22nd, 2015 ||