Peopletalk | Fall 2014 5
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Constructive-Dismissal-COVID-19.Pdf
Below is an Article Written for our Clients by Rodney Employment Law, one of our Business Partners, Regarding Dismissal of Employees during Covid-19 Constructive Dismissal and Covid-19 By Humera Rehman, Associate – Rodney Employment Law “Constructive Dismissal” is a legal concept we often hear about but may not fully understand. The concept of Constructive Dismissal has become particularly apparent during the COVID-19 Pandemic and many employers are still trying to wrap their heads around it. The Courts define a Constructive Dismissal as situations where an employer decides to unilaterally make substantial changes to the essential terms of an employee's contract of employment that the employee does not agree to and decides to leave his or her job. In these situations, the employee has not resigned, but has been dismissed. Once an employee is found to have been constructively dismissed, they are then entitled to the same severance package as they would had they been formally terminated. This is an important concept during the COVID-19 pandemic for a few reasons. Prior to the pandemic, employers could technically impose a temporary layoff on staff under two conditions: 1. The employee was bound to an employment agreement that contained an express term allowing the employer to temporarily lay off the employee; or 2. Layoffs were an expected and recurring practice for the employee, such as with seasonal employment. If these two options did not apply, employees were able to claim that an imposed layoff was a substantial change and a violation of their employment agreement, that they had been constructively dismissed under the common law or under Ontario’s Employment Standards Act, 2000 (“ESA”), and that they were consequently owed severance packages. -
Constructive Dismissal
CONSTRUCTIVE DISMISSAL DISCLAIMER This infosheet contains information of a general nature only and is not a substitute for professional legal advice. You should obtain legal advice from a lawyer about your particular situation before acting on any of the following information. This infosheet is designed for Victorian and national system employees in Tasmania and Queensland only. If you are not a Victorian employee or a Queensland or Tasmanian national system employee, you should obtain specialist legal advice about your case as soon as possible. Constructive dismissal cases are rarely straight-forward. Before filing a claim, you should be well informed about the issues involved. You should read this infosheet along with JobWatch’s “Unfair Dismissal”, “General Protections Dispute” and “Notice of Termination” infosheets which give you information on how to make a claim. You should also obtain legal advice about your specific situation before leaving your job. Who can use this infosheet? This infosheet is designed for Victorian and national system employees in Tasmania and Queensland only. If you are a Victorian employee, you can use this infosheet unless you were employed in a sector that provides essential services of core government functions, including State infrastructure services such as electricity and gas, and your employer is not covered by a nationally registered collective agreement. If you are a Tasmanian employee, you can use this infosheet unless you were a State public sector employee not covered by a nationally registered collective agreement. If you are a Queensland employee, you can use this infosheet unless you were a State public sector or local government employee not covered by a nationally registered collective agreement. -
Sexual Orientation and Religion Or Belief Discrimination in the Workplace
Research Paper Sexual orientation and religion or belief discrimination in the workplace Ref: 01/07 Prepared by Ben Savage, Acas Research and Evaluation Section Funded by the Department of Trade and Industry (DTI) For any further information on this study, or other aspects of the Acas Research and Evaluation programme, please telephone 020 7210 3926 or email [email protected] Acas research publications can be found at http://www.acas.org.uk/index.aspx?articleid=405 ISBN 0-9554830-2-6 ISBN 978-0-9554830-2-8 Sexual orientation and religion or belief discrimination in the workplace Ref: 01/07 2007 Prepared by: Ben Savage (Acas Research and Evaluation Section) Funded by the Department of Trade and Industry (DTI) Acknowledgements The author would like to thank the Department of Trade and Industry for providing the financial support for the project, and Acas staff for their guidance, particularly Fiona Neathey, Gill Dix, Steve Williams, Brenda Roper, Sarah Podro, Stewart Gee, Ron Woods and Keith Mizon. The research would not have been possible with out the contributions of the Acas conciliators who took part in the conciliator focus groups; the Acas Helpline staff who took part in the Helpline survey; the Acas regional staff who provided the ET1 and ET3 forms; John Strand and Chantal Guevara, who helped to produce the Acas ET dataset; Alex Dawe, who programmed the Helpline survey script; the researchers at IES, particularly Ann Denvir, who ran the claimant depth interviews, and the claimants who took part in the IES interviews. Disclaimer This report contains the views of the author and does not represent the views of the Acas Council or DTI. -
CONDOMINIUMS S 181 East - New Logo HE PP a RD
181 East - New Logo CONDOMINIUMS S 181 East - New Logo HE PP A RD & WILLOWDALE NORTH YORK’S ONLY BOUTIQUE ADDRESS W I LL O 181 East - New Logo W D A Signage size and colours Brochure size and colours WILLOWDALE LE 100% ABOUT & SHEPPARD ELEGANCE REDEFINED 181 East is a boutique development at the corner of Sheppard Ave E. and Willowdale Ave., designed to elevate the neighbourhood to new heights. With tiered terraces flanked with greenery, modern windows and pops of bold colour, it strikes a luxurious balance between uptown sophistication and innovative urban design. 2 Artist’s Concept 3 OUTDOOR LIVING The unique step design of the building provides the opportunity for the luxury of more private terraces with unobstructed views of the city. 4 Artist’s Concept 5 THE HUB SQUARE OF FESTIVITIES Art, theatre, music and festivals make Mel Lastman Square the cultural centre of the area. Take in everything from the local farmer’s market to yoga in the park to Big Band Sunday Serenades to firework displays at this open-air gathering space, all year long. 108 9 FINCH AVE 27 32 23. Tabule 5 AVE WILLOWDALE 54 4 FASHION & SHOPPING HOSPITALS 34 26 60 24. Pusateri’s 35 61 1. Bayview Village Shopping Centre 55. North York General Hospital 16 31 36 53 23 24 25. Tsujiri 48 9 59 22 2. Shops at Don Mills THE AREA 56. Sunnybrook Health Sciences Centre 1 12 8 25 62 47 45 55 26. Konjiki Ramen 57 46 49 7 3. Yorkdale Shopping Centre 28 11 27. -
Riocan Is Canada's Largest Real Estate Investment Trust with a Total Enterprise Value of Approximately $13.9 Billion As at December 31, 2017
THE MAJOR MARKETS CANADIAN POPULATION: 36,708,083 POPULATION GROWTH SINCE 2006: 8.1% POPULATION FOR THE 6 MAJOR MARKETS: 17,790,810 POPULATION GROWTH FOR THE 6 MAJOR MARKETS SINCE 2006: 26.1% CORPORATE PROFILE RioCan is Canada's largest real estate investment trust with a total enterprise value of approximately $13.9 billion as at December 31, 2017. RioCan is a fully integrated REIT that owns, manages and develops high quality retail-focused, increasingly mixed-use properties in Canada with ownership interests in a portfolio of 289 retail and mixed-use properties, including 17 properties under development, containing an aggregate net leasable area of 44 million square feet. 76.1% of RioCan's annual rental revenue is comprised from a portfolio that is powerfully rooted in Canada's six largest markets. TABLE OF CONTENTS IFC CORPORATE PROFILE 1 THE MAJOR MARKETS 2 CEO’S LETTER TO UNITHOLDERS 6 GLOUCESTER 8 EPLACE 10 KING PORTLAND CENTRE 12 YONGE SHEPPARD CENTRE 14 BRENTWOOD VILLAGE 16 MANAGEMENT TEAM 17 PROPERTY PORTFOLIO 27 MANAGEMENT’S DISCUSSION AND ANALYSIS 101 FINANCIALS 147 CORPORATE INFORMATION RIOCAN REAL ESTATE INVESTMENT TRUST IFC_1 ANNUAL REPORT 2017 TORONTO Metropolitan area: 6,654,682 Population growth since 2006: 30.2% % of Income Producing NLA: 34.9% % of annualized rental revenue: 40.9% MONTREAL Metropolitan area: 4,138,300 Population growth since 2006: 13.8% VANCOUVER % of Income Producing NLA: 7.7% Metropolitan area: 2,571,262 % of annualized rental revenue: 5.6% Population growth since 2006: 21.5% % of Income Producing -
Examples of Fair and Unfair Dismissal
Examples Of Fair And Unfair Dismissal Contractile Zack miscalculate some sweepers after ascitic Daren close-up half-yearly. Humble Dale decolourising Christianly. Ominously chain-driven, Clay caroms postponements and disinters cavalla. Was the employee notified of the valid reason and given an opportunity to respond? If you would like a deeper explanation of unfair dismissal, read on through the rest of the resources on this page. In these circumstances, a lump sum can be negotiated and which is loosely based on the principles set out below. The technology to improve their contract is a company is unfair international labour court of services were of fair work fully protected industrial relations system. Termination of employment at the initiative of the employer. Need help proving constructive dismissal? What is MBA Skool? For unfair dismissal issue is paid by google webfonts, and fair unfair dismissal of the fwc can make an investigation of. In weighing up the interests of the respective parties it is of paramount importance to ensure that a delicate balance is achieved so as to give credence not only to commercial reality but also to a respect for human dignity. The employee resigned without unreasonable delay. Examples of serious misconduct include theft, fraud, violence and serious safety breaches. In deciding the employee from a claim for disciplinary warning, or parental leave and fair dismissal of unfair dismissal claim that you should be psychologically very exceptional cases? Not all dismissals are unfair. Any reason that does not fall within the above. Madden denied any knowledge of the allegations the decision was made to sack him following an investigation of other employees. -
Employment Newsletter - Spring 2021
Employment Newsletter - Spring 2021 In this edition of our employment newsletter, the focus is on pay. Our newsletter covers: • Unpaid Salaries and Bonuses • Claims for Underpayment of Wages • National Minimum Wage • Holiday Pay • Equal Pay • Pay Gap Reporting - Gender and Ethnicity • Upcoming Events www.myerson.co.uk 0161 941 4000 Caution urged when reducing pay or bonuses! As businesses face an extended period of economic downturn and persistent uncertainty, many employers have forced reduced working weeks and/or reduced pay on their employees. Employers may also have withdrawn or deferred bonuses and other incentives. Unpaid salary Employers generally do not have a unilateral right to lay staff off, reduce their hours, or reduce their pay just because there is less work. If an employee is ready, willing and able to perform their full duties, the employer normally has an obligation to pay the employee their full contractual salary, unless there is a mutual agreement otherwise. It is a common misunderstanding that the Government’s ongoing furlough scheme afforded employers a right to reduce pay; that is only the case if the employee has agreed to the arrangements. Bonuses In recent times, we have seen many cases of employers withdrawing bonus schemes or deferring payments and awards. A bonus or incentive is sometimes guaranteed by contractual terms, usually subject to achievement of certain performance criteria, such as an individual’s or business’s targets. More commonly, a bonus scheme is expressed as discretionary and will typically provide that there is no enforceable right to a bonus and that payments may be made (or not be made) at the employer’s discretion. -
Sugar Wharf Is a Community of Extraordinary Proportions
A WHOLE NEW COMMUNITY From Humber Bay to the Eastern Beaches, Toronto’s magnificent waterfront spans 46 kms. Under the direction of Waterfront Toronto, this highly desirable section of the city is undergoing a sea change. Created by the federal and provincial government and the City of Toronto, Waterfront Toronto has the mandate to transform the area into a vibrant public and cultural space for all Torontonians. Unequalled in size, it’s one of the largest urban revitalization projects in the world. The total area for development is 800 hectars in size, and is one of the largest revitalization projects in the world! Collaborating with developers like Menkes, Waterfront Toronto aims to create 40,000 new residences and approximately 40,000 new jobs. With the introduction of mixed-used neighbourhoods, offices, expanding public transit, parks, and public spaces, the waterfront will be a coveted place to live, work, learn and play. By adopting an economically and environmentally sustainable design approach, this reimagination will change the face of Toronto and deliver a positive, meaningful relationship between the lake and the city. THE LAKE. THE LIFE. THE CITY. LAKE SHORE BLVD E NEW ST COOPER ST Rising on the shores of Toronto’s waterfront, Sugar Wharf is a community of extraordinary proportions. FREELAND ST Striking the perfect work-life balance, this exceptional development will be the future-forward ideal today’s urban population seeks. Home to 7,500 residents, and 4,000 HARBOUR ST office workers once completed, this 11.5-acre community RETAIL PROMENADE offers homes, offices, shops, restaurants, school, daycare, park and more. -
City HR Association Best Practice Guidance: Bullying and Harassment 1
CITY HR ASSOCIATION Best Practice Guidance: Bullying and Harassment 1 CITY HR ASSOCIATION Best Practice Guidance: Bullying and Harassment Section Contributors 1. Introduction: bullying and harassment in the City Jane Mann 2. Profiles of contributors 3. What is bullying? The difference between bullying and proper Carolyn Matheson, with management assistance from Anne Slade, Sheena Gibson and Roisin Boyer 4. Legal issues: definitions, types of potential claims and exposure, James Warren and Margaret and related issues Davis 5. Managing grievances and claims about bullying and harassment David Murphy and Jane Mann 6. Business and financial incentives for tackling bullying and Andrea Eccles harassment 7. Managing the risk – Part 1: Faith Jenner, Anne Slade and Glynis Hatch Practical guidance on how employers can identify bullying and harassment 8. Managing the risk – Part 2: David Whincup Practical guidance on how employers can tackle bullying and harassment including dealing with bullies in senior management roles: top tips 9. Helping the bullied to help themselves: top tips and the role Carolyn Matheson coaching can play 10. The role of policies/procedures and statements of behaviour: tools David Whincup not hurdles including a model policy and statement of behaviours (employee and management) 11. Resolving workplace disputes: mediation David Whincup 12. Resolving workplace disputes: the role ACAS can play Henicka Uddin 13. The experience of a medical practitioner: the case for early Mark Harvey involvement of specialists 14. The psychotherapist’s view Sarah Briggs, with assistance from Charlie Easmon 15. Frequently Asked Questions Charissa Gooch 16. City specific case studies: successes and failures Anonymous 17. Bibliography Charlie Easmon 18. -
New Cineplex Cinemas Empress Walk Opens Tomorrow
FOR IMMEDIATE RELEASE New Cineplex Cinemas Empress Walk opens tomorrow Toronto, ON, (TSX: CGX) – June 13, 2013 – Cineplex Cinemas Empress Walk will open Friday, June 14, 2013, beginning with late matinee shows. The newly renovated theatre is located at 5095 Yonge Street, north of Sheppard Avenue in Toronto, Ontario. Cineplex Cinemas Empress Walk features 10 screens, including a digital IMAX auditorium. Two months of renovations saw a number of aesthetic upgrades and improvements, as well as the creation of a new box office, two party rooms and a Cinescape gaming area. Future renovations will see the addition of a new concession area and other improvements. “We look forward to welcoming Toronto to Cineplex Cinemas Empress Walk,” said Pat Marshall, Vice President, Communications and Investor Relations, Cineplex Entertainment. “We know our guests will enjoy access to the SCENE loyalty program, Cineplex Tuesdays and Front Row Centre Events, among the other benefits of Cineplex theatres.” Cineplex Odeon Sheppard Cinemas will close after Thursday evening’s shows and be returned to the landlord for redevelopment. All employees of Cineplex Odeon Sheppard Cinemas will relocate to the new theatre. About Cineplex: Cineplex Inc. (“Cineplex”) is one of Canada’s leading entertainment companies and operates one of the most modern and fully digitized motion picture theatre circuits in the world. A top-tier Canadian brand, Cineplex operates numerous businesses including theatrical exhibition, food services, gaming, alternative programming (Front Row Centre Events), Cineplex Media, Cineplex Digital Solutions and the online sale of home entertainment content through CineplexStore.com and on apps embedded in various electronic devices. -
Constructive Dismissal in Canada — a Legal Construct Clarified by the Supreme Court of Canada
CONSTRUCTIVE DISMISSAL IN CANADA — A LEGAL CONSTRUCT CLARIFIED BY THE SUPREME COURT OF CANADA 1. Dynamic is an apt description of labour and employment law in Canada, particularly bearing in mind how these areas have been reshaped by the Courts in the past decade.1 While its bijural system of private law — Anglo-Canadian common law in nine provinces and three territories, and a distinctive civil law tradition in Quebec — might be expected to result in disparate solutions to common human resource issues,2 the Supreme Court of Canada, whose judges represent both traditions,3 has sought to harmonize employment law principles throughout the country.4 Where it felt useful, it is also borrowed from arbitral precedent of the unionized sector of Canada’s labour force, where reliance on precedent from other legal traditions has been more frequent. A review of the Supreme Court’s recent decision in Potter v. 1 The Supreme Court of Canada held, in Reference re Public Service Employee Relations Act (Alberta), [1987] 1 S.C.R. 313, that freedom of association, guaranteed pursuant to paragraph 2(d) of the Canadian Charter of Rights and Freedoms, did not establish a Charter-protected right to collective bargaining and perforce any constitutional right to strike. Scarcely 20 years thereafter, in Health Services and Support — Facilities Subsector Bargaining Assn. v. British Colombia, [2007] 2 S.C.R. 391, a different Supreme Court posited that the same paragraph 2(d) protects the right of employees to engage in a “meaningful process” of collective bargaining. Ontario (Attorney General) v. Fraser, [2011] 2 S.C.R. -
Bullying and Harassment of Doctors in the Workplace Report
Health Policy & Economic Research Unit Bullying and harassment of doctors in the workplace Report May 2006 improving health Health Policy & Economic Research Unit Contents List of tables and figures . 2 Executive summary . 3 Introduction. 5 Defining workplace bullying and harassment . 6 Types of bullying and harassment . 7 Incidence of workplace bullying and harassment . 9 Who are the bullies? . 12 Reporting bullying behaviour . 14 Impacts of workplace bullying and harassment . 16 Identifying good practice. 18 Areas for further attention . 20 Suggested ways forward. 21 Useful contacts . 22 References. 24 Bullying and harassment of doctors in the workplace 1 Health Policy & Economic Research Unit List of tables and figures Table 1 Reported experience of bullying, harassment or abuse by NHS medical and dental staff in the previous 12 months, 2005 Table 2 Respondents who have been a victim of bullying/intimidation or discrimination while at medical school or on placement Table 3 Course of action taken by SAS doctors in response to bullying behaviour experienced at work (n=168) Figure 1 Source of bullying behaviour according to SAS doctors, 2005 Figure 2 Whether NHS trust takes effective action if staff are bullied and harassed according to medical and dental staff, 2005 2 Bullying and harassment of doctors in the workplace Health Policy & Economic Research Unit Executive summary • Bullying and harassment in the workplace is not a new problem and has been recognised in all sectors of the workforce. It has been estimated that workplace bullying affects up to 50 per cent of the UK workforce at some time in their working lives and costs employers 80 million lost working days and up to £2 billion in lost revenue each year.