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Sean Bawden
176 followers -
Ottawa Employment Lawyer
Ottawa Employment Lawyer

176 followers
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Sean Bawden's posts

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“Retiring Allowances” and the Taxation of Wrongful Dismissal Damages
(c) istock/MattZ90 Lawyers are often loathe to guarantee anything. However, it is said that two things in life are guaranteed: death and taxes. This “guarantee” raises an important issue for the settlement of any wrongful dismissal case, the taxation of wro...

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Beware the Innocuous Termination Provision
(c) istock/miluxian It is often said that, “a magician never reveals his secrets.” If that is true, then it is a good thing that I am not a magician. There is a phrase employed in countless employment agreements, which, on its face, appears innocuous. As wi...

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Wrongful Dismissal Cases are Appropriate for Resolution by way of Application: ONSC
(c) istock/Jrcasas A frequent criticism of the Canadian judicial system is that it moves too slowly. Indeed, as the Supreme Court of Canada recently observed in its now infamous decision in R. v. Jordan , [2016] 1 SCR 631, 2016 SCC 27 there has been a “cult...

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Can Employers Opt-In to the Common Law to Opt-Out of the Canada Labour Code?
(c) istock/denisik11 Given the considerable effort that has been expended as of late in trying to have employees opt out of the common-law regime of reasonable notice, see e.g. my discussion of termination clauses in my post Will Wood Finally Answer the Que...

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Mo Money Mo Problems (A Review of Termination Pay Obligations for Large Payrolls)
On May 27, 2017, I presented a paper to the County of Carleton Law Association’s annual solicitor’s conference titled “Mo Money Mo Problems (A Review of Termination Pay Obligations for Large Payrolls).” What follows is a copy of that paper. I can think of n...

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Court of Appeal Rules that Modest Earnings Earned during Notice Period Not to be Deducted from Wrongful Dismissal Damages
(c) istock/OlafSpeier What happens when an employee takes a new job not so much to mitigate her damages, but rather to survive? More to the point, what if that new position is so much beneath the wrongfully dismissed employee’s previous position that to ded...

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Divisional Court Rules the Employees May Sometimes be Required to Attend Medical Examination by Doctor of Employer’s Choosing
(c) istock/utah778 Is an employee required to submit to an independent medical examination, an “IME”, by a doctor of his employer’s choosing as part of the employee’s duty to participate in the human rights accommodation process? In a decision released May ...

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What Happens in a Buy/Sell Deal if One of the Vendor’s Employees Refuses to Accept the Purchaser’s Offer of Employment?
(c) istock/BernardaSv A typical term of any significant asset purchase agreement, which sees the employees of the vendor continue in employment with the purchaser, is that the purchaser will make offers of employment on substantially similar terms to the ve...

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Judge Finds Poor Reference is Not Defamation
(c) istock/Phoenixns Can an employee sue his former employer in defamation for a poor reference? In a to-the-point decision authored by the Honourable Justice Gisele M. Miller of the Ontario Superior Court of Justice, Papp v. Stokes et al , 2017 ONSC 2357, ...

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Judge Finds Poor Performance Review is Not Defamation
(c) istock/Phoenixns Can an employee sue his former employer in defamation for a poor reference? In a to-the-point decision authored by the Honourable Justice Gisele M. Miller of the Ontario Superior Court of Justice, Papp v. Stokes et al , 2017 ONSC 2357, ...
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