“Discretionary” bonus plans do not mean employers can do whatever they want
For years, I have said that there are two types of bonuses: discretionary or objectively calculated. Many employers use mixed wording which leads to ambiguity, and we know that any ambiguity in a contract will be interpreted contrary to the interests of the drafting party.
Rudner Law, Employment / HR Law & Mediation
5 minutes read
October 6, 2022 
Employer discretion to schedule employee vacation time
As an employer, you want to control when your employees do and do not take vacation time. Can you do this? The answer, for all jurisdictions in Canada, is yes, though this employer discretion may be restricted in some jurisdictions.
SpringLaw
Demotion as discipline
Many employers assume that they can demote an employee as a disciplinary measure and are shocked to learn that doing so might constitute a constructive dismissal. In fact, it will be a constructive dismissal in most cases.
Rudner Law, Employment / HR Law & Mediation
Operational controls in an environmental management system
Operational controls in an environmental management system (EMS) reduce the risk that the organization will not achieve its environmental objectives. Operational controls are the processes that management implements to provide reasonable assurances that the organization will achieve its environmental objectives.
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Le télétravail : droit ou privilège?
Dans une période postpandémique et le retour au travail, plusieurs questions se posent par les employeurs ainsi que par les employés notamment concernant le droit quant au télétravail.
Nadia Samy LL.B.
Work remotely: right or privilege?
In a post-pandemic era and the return to work, many questions are being asked by employers and employees especially regarding their right to decide between working remotely or working from the office.
Nadia Samy LL.B.
Common sense on cybersecurity
Today’s post contrasts two recent pieces. PwC shared some very traditional thinking in Overseeing cyber risk: the board’s role.
Norman D. Marks, CPA, CRMA
What is “consideration”? Employers beware when implementing new agreements
Consider this: you provide a new agreement to an existing employee. The agreement contains a termination clause limiting the employee’s entitlements upon termination to the minimum under the statute. The employee signs the contract. Several years later, after dismissing the employee and providing them with their minimum statutory entitlements, you receive a letter from the employee’s lawyer seeking 24 months of pay in lieu of notice.
Rudner Law, Employment / HR Law & Mediation
Auditing at the speed of risk with an agile, continuous audit plan
Risks and business conditions change all the time, so an annual plan or even one that is updated quarterly won’t lead to auditing what matters today. You audit what used to matter.
Norman D. Marks, CPA, CRMA
