Canadian Employment Law Today

April 7, 2021

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 A fork in the road for agricultural temporary foreign workers PG.4 Changes to Temporary Foreign Worker Program feature two pathways for employers and temporary foreign workers in the agriculture sector AN ONTARIO employer must pay a fired employee with 28 months' service wrongful dismissal damages equal to three months' pay, plus commission he would have been paid during the notice period, the Ontario Superior Court of Justice has ruled. Peter Iriotakis, 57, began working for Peninsula Employment Services Limited, a human resources consulting firm in Toronto, in November 2017. His job title was business development manager, al - though he didn't have any subordinate employees reporting to him. His job duties involved working from home or on the road selling compliance ser- vices to HR and health and safety professionals and organizations, along with developing customer relationships. He had 14 years of sales experience before joining Peninsula, but only two years were related to the type of services Peninsula offered. Iriotakis received a base salary, but the majority of his compensation came from commissions on the services he sold. He was subject to an employment agreement containing a termination clause that stated that, in the event Iriotakis was terminated for THE ONTARIO Court of Appeal has upheld $1.27 million in damages — one of the highest damage awards ever granted in Canada for constructive dismissal — awarded to a funeral home employee who was constructively dismissed early on in his fixed-term contract. In McGuinty v. 1845035 Ontario Inc. (Mc- Guinty Funeral Home), the employee worked in his family's funeral home for 30 years. When he was 55, the employee sold the home to numbered company 1845035 Ontario Inc. The parties entered into a transitional consult - ing services agreement (TCSA), pursuant to which the employee would work as general manager for a fixed term of 10 years. The TCSA included commissions and a vehicle with a April 7, 2021 CIBC financial advisor's shady mortgage dealings provide just cause PG.3 Mortgages from outside region provided by employee's father and friends artificially boosted performance metrics EMPLOYEE WENT on page 6 » CREDIT: SSHEPARD iSTOCK CREDIT: PHOTO BETO iSTOCK COMMISSION on page 7 » with Tim Mitchell Manager in title but not in job duties Worker with manager in job title wanted six months' notice but got three; job was primarily sales with no subordinates Ask an Expert PG. 2 Employee ignoring public health guidelines Ontario court upholds $1.27-million constructive dismissal award Worker waited two years to claim constructive dismissal, was on medical leave due to anxiety and depression BY JEFFREY R. SMITH BY RHONDA LEVY, BARRY KURETZKY AND GEORGE VASSOS

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