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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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Client Update: First Contract Arbitration

December 9, 2013

As many of you will now know, the Nova Scotia Government introduced legislation on Friday, December 6, 2013, amending provisions of the Nova Scotia Trade Union Act dealing with First Contract Arbitration. This client update sets out…

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Client Update: Supreme Court of Canada confirms that international organization enjoys immunity from wrongful dismissal suit commenced by senior employee

December 4, 2013

In a decision that will largely be of interest to international organizations that have been granted some type of immunity in Canada, the Supreme Court of Canada (SCC) has confirmed that international organizations enjoy immunity…

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Client Update: Time to Update Workplace Policies in PEI

December 2, 2013

The Prince Edward Island (“PEI”) legislature has proposed changes to the PEI Human Rights Act to add “gender expression” and “gender identity” as new protected grounds of discrimination. First introduced on November 13, 2013 the…

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Client Update: December 2 deadline for responses on changes to PEI Auto Insurance

November 25, 2013

We previously circulated a client update regarding contemplated changes to automobile insurance in Prince Edward Island. Government has now published a consultation paper (www.gov.pe.ca/photos/original/eljautoinreform.pdf), seeking responses in writing on or before December 2, 2013. According to the consultation…

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Caribbean Corporate Counsel – Winter 2013

November 19, 2013

The Association of Caribbean Corporate Counsel (ACCC) released the inaugural edition of its quarterly journal, Caribbean Corporate Counsel, featuring CEO, John Rogers, Q.C., advisor on the International Advisory Board, and an article by partner Paul Smith, entitled “Governance…

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Atlantic Employers’ Counsel – Fall 2013

November 19, 2013

CHANGES, CHANGES AND MORE CHANGES: KEEPING UP WITH THE TEMPORARY FOREIGN WORKER PROGRAM These days, Canada’s Temporary Foreign Worker Program (“TFWP”) is more top of mind than ever for Canadian employers. This is in part…

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Client Update: Time’s Ticking: Not-for-Profit Corporations

October 17, 2013

By October 17, 2014 existing not-for-profit corporations incorporated under Part II of the Canada Corporations Act (the “Old Act”) are required to be continued under the new Canada Not-for-Profit Corporations Act (the “New Act”) or face the possibility of automatic administrative…

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Doing Business in Atlantic Canada (Fall 2013)(Canadian Lawyer magazine supplement)

October 9, 2013

IN THIS ISSUE: Reasonable Cause: A necessary prerequisite for random alcohol testing policies by Mark Tector, Steve Carpenter, CHRP, Melissa Everett Withers, Ruth Trask Business Succession: Why is it critical? by Richard Niedermayer, TEP Privacy Please: Nova Scotia brings in new…

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Client Update: Nova Scotia Amends Foreign Worker Rules to Exempt Some Recruiters and Employers From Licensing and Registration Requirements

September 18, 2013

On May 19, 2011, Nova Scotia’s Labour Standards Code was amended to protect foreign workers from exploitation by recruiters and employers. These amendments imposed a requirement for third-party recruiters to obtain a license from the Province to…

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Client Update: Summary of Pender vs. Squires, 2013 NLCA 37

September 10, 2013

Facts This appeal arose from a decision which held that the Dominion of Canada General Insurance Company (“Dominion”) has a duty to defend Larry and Lona Hannam and their teenage son Jordan in an action…

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