by Jennifer L. Parent of McLane, Graf, Raulerson, & Middleton, Professional Association
Corporate tweeters or bloggers – employees who post promotional and often entertaining commentary on behalf of their employers’ businesses – add much of their own personal brand – their voice, their opinions, their snarky remarks – to the information they are disseminating on the company’s behalf. Often, the more personal their posts, the more followers they attract and the more the company stands to benefit. Ironically therein lies the crux of an emerging concern among corporate counsel. Who do these on-line accounts and relationships belong to?
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by Neil Guthrie of Borden Ladner Gervais LLP
Back in July 2012, we covered PVYW v Comcare (No 2), [2012] FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales. The injuries were sustained, not while she was conducting budget reviews and staff training, but instead during the course of a sexual encounter in her motel room with an old friend she had hooked up with: ‘the respondent was injured whilst engaging in
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by Paul Carenza and Kristin Taylor of Cassels Brock & Blackwell LLP
The issue as to whether an individual is providing services as an independent contractor or performing services as an employee is a perennial one. The Federal Court of Appeal recently weighed in to reconcile competing tests on the proper way to determine whether an individual is a contractor or truly an employee.
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by Lynne A. Anderson of Drinker Biddle & Reath LLP
Yahoo’s widely reported decision to require its remote workforce to physically report to one of Yahoo’s office locations – or face termination of employment – has caused a social media stir. Here are some of the common questions, and our thoughts about whether Yahoo’s decision signals a trend applicable to other companies.
Q: Can Yahoo fire its remote workforce if they refuse to return to the office?
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by Carla Hanneman and Lyle Teichman of Stikeman Elliott LLP
Equity-based incentive plans have in recent years become a common component of the compensation package for executive employees in Canada. Employers often design the plans in such a way as to enable the employer to claim a tax deduction for the value of the equity-based compensation. In the case of treasury shares issued under stock bonus plans, the Canada Revenue Agency (CRA) has historically taken the position that the value of treasury shares issued under such plans is not deductible by the employer for tax purposes. However, a recent decision of the Tax Court of Canada allowed the employer to deduct the fair market value of treasury shares issued to executive employees under a discretionary stock bonus program.
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by Ralph N. Nero and Keri L. Bennett of Fasken Martineau DuMoulin LLP
When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership (PDF) reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive dismissal – meaning the employee can sue for pay in lieu of reasonable notice.
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by Earl Phillips of McCarthy Tétrault LLP
A judge in BC has ruled that a unilateral change to an employee’s bonus was constructive dismissal: Piron v. Dominion Masonry. That was despite the employer’s plea that the bonus was discretionary, and despite the evidence that the bonus varied widely from year to year and project to project.
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A Midwest university professor complained: “We are now focusing more on how to use the tools of communication than we are on how to effectively communicate … As a result, we are turning out computer and internet gurus who can’t write and think creatively.”
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“The surest way for an executive to kill himself is to refuse to learn how, and when, and to whom to delegate work,” said James Cash Penney, founder of the J.C. Penney retail chain.
When you grow, you have to know when to let go. You have to know when to delegate down so you can rise up. The inability to delegate properly is the main reason that executives fail. I’ve learned that people will seldom let you down if they understand that your destiny is in their hands, and vice versa.
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by Marisa E. Victor of Fasken Martineau DuMoulin LLP
Your employees have access to all kinds of sensitive company information. But what can you do if they leave and use that information to unfairly compete against your company? An Ontario court, in Corona Packaging Inc. v Singh, has recently confirmed that you might be able to prevent that competition, by obtaining an injunction. This decision reinforces why such clauses are a good idea and how they can prevent a company from losing key business.
Facts
Corona Packaging manufactures plastic bottles and has one major customer, Guest Supply Inc. After a chance encounter at a conference, the President of Corona Packaging, Keith Ratcliff, became concerned that two former employees, Bradley Cascioli and Kashmir Singh, were intending to compete for Guest Supply’s contracts. The two former employees had signed comprehensive employment agreements including both a confidentiality clause and a non-competition clause.
Cascioli was presenting himself as the President of Sales and Manufacturing for “Aura Packaging”, and had apparently purchased the same machines Corona Packaging uses in their production of bottles.
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by Parisa Nikfarjam, Student-at-Law at Borden Ladner Gervais LLP
More than ever, Facebook and other social media networks serve as a means of communication and a source of information. However, two recent decisions show that these networks can also serve as mediums for off-duty misconduct and that their misuse by employees can lead to disciplinary action. A posting on a Facebook page that harms the reputation of an employer may be grounds for discipline. Although the poster may have a perceived sense of privacy, this perception may not justify one’s conduct online.
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By Harvey Mackay
Whether you’re managing a team of employees or you’re on your own, remember that although what you do and how you do it are important, it’s the “why” that provides real motivation to succeed.
An experiment conducted by the University of Pennsylvania’s Wharton School of Business demonstrates the power of “why.” At a university call center where employees phone alumni to solicit contributions to scholarship funds, the staff was randomly divided into three groups: The first group read stories written by former call center employees about the benefits of the job (such as improved communication and sales skills). The second group shared accounts from former students about how their scholarships helped them with their education, careers and lives. The third, a control group, read nothing, just explained the purpose of the call and asked for a contribution.
After a month, the researchers found that the first group and the third group raised roughly the same amount of money from alumni after the experiment began as before. But callers in the second group, who had related the stories about the impact of the scholarships students received from the fund-raising campaign, raised twice as much money from twice as many alumni as they had before.
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By Paul Miller of Boughton Law Corporation
[Ed. note: Although a British Columbia case, it evidences how variable are common law entitlements in Canada.]
Employers seeking advice about what notice period or pay in lieu of notice should be given to an employee who is not being dismissed for cause are often told by their legal advisors that there are four main factors to consider: the character of the employment, the length of service, the age of the employee and the availability of similar employment having regard to the experience, training and qualifications of the employee. This article will focus on the first of these factors.
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By Harvey Mackay
Over the years I’ve asked a lot of people what makes a great salesperson, and the answers are fairly predictable: passion; persistence; personality/likeability; planning; trustworthiness; strong work ethic; drive/initiative; quick learner; goal-oriented; good communications skills; sense of humor; humility; good timing; strong at building relationships; and follow-up (or as I say, the sale begins when the customer says yes).
My own answer is always the same:
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By Kathleen Chevalier
If your company utilizes independent contractors in Ontario, it may now be required to establish a joint health and safety committee. In Ontario (Ministry of Labour) v. United Independent Operators Limited, the Ontario Court of Appeal ruled that independent contractors count as workers “regularly employed” by an employer, and therefore must be included when determining whether an employer is required to establish a joint health and safety committee under the Occupational Health and Safety Act.
In July 2004 an independent contractor, operating as a truck driver for United Independent Operators Limited, suffered a broken pelvis and two broken legs when he was trapped between his truck and that of another United truck driver. As the accident occurred at the worksite of a United customer, the Ministry of Labour conducted an investigation. The Ministry charged United with failure to establish and maintain a joint health and safety committee (JHSC), and issued an order
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