Canadian Employment Law Today

July 15, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 The COVID-19 layoff: statutory and common law risks PG.4 The legal framework around temporary layoffs has changed during the pandemic BY JEFFREY R. SMITH AN ONTARIO employee who proposed a consult- ing arrangement after his role with the company changed was not constructively dismissed from his employment contract that anticipated such a change, a court has ruled. George Carras founded RealNet, a real estate in- formation services company, in 1995. He ran the company until 2014, when he sold it to Altus Group Limited. Although Carras intended to leave RealNet once the sale was completed, Altus convinced him to stay on as president of RealNet during the transition. Carras agreed to a three-year employment agree- ment — beginning on the date that the sale of RealNet closed — that stated he would continue to manage the business as its president during the first year. For the last two years, the agreement stated that "the company is amenable to having discussions with you about redefining your ongoing role and accountabilities with the company and, if mutual agreement is reached, amending the terms of this Remorse doesn't fix forgery by investment advisor Forging client's signature went against trust and client consent that are 'cornerstones' of financial industry; Dismissal warranted despite remorse BY JEFFREY R. SMITH A BRITISH Columbia investment advisor who forged a client's signature was not wrongfully dismissed by his firm, despite the fact that he believed he was acting in his client's best interests, according to the B.C. Supreme Court. Mo Movassaghi, 42, was a certified invest- ment consultant licensed to sell mutual funds and insurance products. In July 2016, he de- cided to leave the financial services firm with whom he was working to join Harbourfront Wealth Management, a small full-service fi- nancial services firm based in Vancouver. Movassaghi had 153 clients and Harbour- front offered him shares in the company in- stead of a lump sum of money for his book July 15, 2020 Keeping payroll on course during crisis PG.3 Staffing changes and government relief measures add to payroll management challenges during pandemic INTENTION on page 6 » CREDIT: PEOPLEIMAGES iSTOCK EMPLOYMENT on page 7 » with Leah Schatz Ask an Expert PG. 2 Employee health and safety concerns after COVID-19 Shift to consultant role not constructive dismissal Employment agreement anticipated change in role and Ontario employee proposed new arrangement himself

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