Forfeiture clause for breach of confidentiality and non disparagement provision in an HRTO settlement upheld
In L.C.C v M.M. (2023 HRTO 1138) Adjudicator Lavinia Inbar was dealing with an allegation that the former employee had breached a settlement agreement by publishing on LinkedIn the following statement:
Barry B. Fisher LL.B.
3 minutes read
August 12, 2024 
Truth and terminations
Among the many other important considerations when proceeding with terminations, employers often have questions about what to share with the employee about the reason for their dismissal.
Simes Law
Human error and internal control failures cause US$62M fine
In May 2024, the UK’s Financial Conduct Authority (FCA) and Prudential Regulation Authority imposed fines and penalties totalling about £62M on Citigroup.
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
$10,000 in punitive damages awarded for breach of ESA and employer’s reprehensible conduct
In a recent Ontario case, the court ordered the employer to pay a short-service employee two months of pay in lieu of notice plus $10,000 in punitive damages as punishment for conduct that was found to be “a marked departure from ordinary standards of decent behaviour.”
Rudner Law, Employment / HR Law & Mediation
Ontario court clarifies the law on privilege over internal corporate investigations, and special committee reports
The Ontario Superior Court of Justice recently released a decision that will be welcomed by companies seeking to maintain privilege over the results of internal investigations.
McCarthy Tétrault LLP
How does ISO/IEC 42001 impact AI governance?
This article discusses ISO/IEC 42001 (Standard), and what this means for Canadians working in the area of AI (artificial intelligence).
Christina Catenacci, BA, LLB, LLM, PhD
Internal audit and generative AI
We should understand the more significant risks to enterprise objectives, identify the audits we want to perform, and only then select the best tools for the job – which may or may not include AI.
Norman D. Marks, CPA, CRMA
“I can terminate you at any time” makes termination clause void
Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029 adds to the long list of ways that poorly drafted termination clauses can violate the ESA and render the entire termination provision unenforceable.
Barry B. Fisher LL.B.
Avoid the two-step dance when offering employment
ometimes, during the hiring process, an employer may opt to send an initial job offer and then, once accepted, follow up with a more detailed set of terms. This procedure, while seemingly innocuous, can prove to be high risk.
Vey Willetts LLP
