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Atlantic Employers Counsel – Winter 2014

The Termination Meeting:

A time and a place for everything

The decision has been made, but the ship hasn’t yet sailed. Somebody has to deliver the bad news and as difficult as this might be, there are a couple of things employers will want to know about before going into the meeting. Here are some practical tips to reduce potential risk associated with the termination meeting.

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Tax Treatment: It’s all about

structure

When an employee is terminated, the question often arises about the tax treatment of amounts paid to the employee. Structuring can allow employers to provide different benefits to the employee without increasing the overall cost to the employer. Possible strategies include characterization and timing.

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References, Reasons and Releases

After termination, these three words beginning with the letter “R” can raise serious issues for both the former employer and the departed employee. This article addresses some of the issues involved with writing references, reasons and releases from a management perspective.

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Disability and Other Leaves of

Absence: Employee status at time

of termination

You’ve made the decision, but before you communicate it to the employee you receive a note from a doctor putting the employee off work for medical reasons. Or, the employee arrives at your door ecstatic because she’s pregnant and going on maternity leave. What happens when a leave of absence occurs before you say “so long” to the employee. Some general rules and tips from recent cases follow.

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Bonuses and Stock Options:

Contractual and otherwise

When assessing what type of termination package to offer an employee or what the employer’s liability for damages is, non–salary compensation can become an issue. Typically, this compensation may include stock options, stock grants and bonuses. If not resolved at termination (or shortly thereafter) a determination of “qualification” or “what it’s worth” can contribute to prolonged and protracted issues between parties. You can guess what that means. This article discusses what you need to know to provide a fair and reasonable termination package when it comes to non-salary compensation.

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Investigations, Documentation and

the Termination Letter

We’ve said it before and we’ll say it again – cross your “t”s and dot your “i”s when it comes to workplace investigations and documentation. If you don’t, the matter may come back to bite you in a lawsuit. The following is a general overview of why a proper investigation and documentation of key items are so important.

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Labour and Employment Legislative Update 2015

December 23, 2015

2015 ends with changes in workplace laws that our region’s employers will want to be aware of moving into 2016. Some legislation has been proclaimed and is in force, some has passed and will be…

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Client Update: Make Your List and Check it Twice: IRAC Sends a Holiday Reminder to Municipalities

December 23, 2015

The Island Regulatory and Appeals Commission (the “Commission”) has issued a holiday reminder to municipalities in Prince Edward Island about the importance of preparation, accuracy, and transparency when making decisions related to land use and…

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Nova Scotia Government Introduces Public Services Sustainability (2015) Act

December 16, 2015

By Brian G. Johnston, QC On the same day that the Nova Scotia government announced its projected deficit had ballooned to $241 million, it also introduced Bill 148, the Public Services Sustainability (2015) Act (“Act”). The stated purposes…

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Striking down the Nova Scotia Cyber-safety Act: The 10 most interesting things about Crouch v Snell

December 16, 2015

By Jennifer Taylor – Research Lawyer Nova Scotia’s Cyber-safety Act1 is no more, after a successful Charterchallenge to the legislation. In Crouch v Snell, 2015 NSSC 340, Justice McDougall of the Supreme Court of Nova Scotia found the entire statute—enacted in…

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Forsythe v Westfall: Forum of Necessity & Access to Justice

December 1, 2015

By Jennifer Taylor Introduction: Did Ontario have jurisdiction? Arguments about access to justice are not enough to oust the general principles of jurisdiction, according to a recent Ontario case. In Forsythe v Westfall, 2015 ONCA 810, the…

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Client Update: Nova Scotia Court of Appeal Substantially Reduces Punitive Damages in LTD Case (Plus a Primer on the New Nova Scotia Limitations Act)

November 23, 2015

PART I: THE NSCA DECISION IN BRINE “Disability insurance is a peace of mind contract”: that’s the opening line of the Nova Scotia Court of Appeal’s long-awaited decision in Industrial Alliance Insurance and Financial Services Inc…

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Client Update: Taxation of Trusts, Estates and Charitable Donation Rules Changing January 1, 2016

November 18, 2015

The taxation of estates, testamentary trusts and certain “life interest trusts” such as alter ego, joint partner and spousal trusts, and the rules for charitable donations made on death through an estate are changing significantly…

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Update on New Tax Rules for Charitable Giving

November 18, 2015

Several important changes in the tax rules that apply to charitable gifts will be coming into effect in the near future. Some of the new rules take effect in 2016, and others will apply beginning…

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Atlantic Employers’ Counsel – Fall 2015

October 23, 2015

THE EDITORS’ CORNER Michelle Black and Sean Kelly Trick, Treat or … Taunt? Workplace Bullying and Harassment Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long…

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The Fair Elections Act and #elxn42: A summary of Council of Canadians v Canada (Attorney General)

October 15, 2015

By Jennifer Taylor – Research Lawyer With the federal election just days away, voting is on Canadians’ minds. This will be the first election conducted in accordance with the Fair Elections Act, SC 2014, c 12 [“FEA”] which…

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