Friday, November 16, 2018 - Filed in: Court Cases
Employers who choose to raise unfounded allegations of just cause for strategic reasons, to avoid severance costs or to use such allegations as leverage to reduce their severance obligations, ought to beware. The end result could be more costly. This clear message was sent to an Ontario employer, Altus Group Limited ("Altus"), in an Ontario Superior Court decision (Gordon v. Altus Group Limited, 2015 ONSC 5663). Read More...
Monday, November 05, 2018 - Filed in: Court Cases
It is generally understood that employees must follow the lawful orders of their employers and may be disciplined for disobeying such orders. However, the more difficult question faced by employers is whether a disobedient employee can be fired for just cause. Although not every instance of disobedience will allow an employer to dismiss an employee for cause, the recent decision of the British Columbia Supreme Court in Cotter v. Point Grey Golf and Country Club, 2016 BCSC 10, confirms that an employer may have cause to terminate an employee whose repeated actions are willfully disobedient and "seriously incompatible with the employee's duties". Read More...
Thursday, November 01, 2018 - Filed in: General Interest
The following is a reprint of an article by Travis Bradberry that appears in the Heleo web site.
Terminally ill patients report the same five regrets again and again. Here’s what we can learn from their wisdom.
Our days are filled with a constant stream of decisions. Most are mundane, but some are so important that they can haunt you for the rest of your life.
A recent study from Columbia University found that we’re bogged down by more than 70 decisions a day. The sheer number of decisions we have to make each day leads to a phenomenon called decision fatigue, whereby your brain actually tires like a muscle.
A new study from the University of Texas shows that even when our brains aren’t tired, they can make it very difficult for us to make good decisions. When making a decision, instead of referencing the knowledge we’ve accumulated, our brains focus on specific, detailed memories.
For example, if you’re buying a new car and trying to decide if you should go for the leather seats, even though you know you can’t afford it, your brain might focus on memories of the wonderful smell and feel of the leather seats in your brother’s sports car, when it should be focused on the misery you’re going to experience when making your monthly car payments. Since you don’t have memories of this yet, it’s a hard thing for your brain to contemplate.
“I am not a product of my circumstances. I am a product of my decisions.” –Stephen Covey
Some decisions are minor, such as what to eat, which route to drive to work, or in what order to tackle tasks; others are more difficult, such as choosing between two job offers, whether to move to a new city for someone you love, or whether to cut a toxic person out of your life. Regardless of the magnitude of the decision, our brains make it hard for us to keep the perspective we need to make good choices.
Bronnie Ware spent her career as a palliative care nurse, working exclusively with people who were 3 to 12 months from death. She made a habit of asking them about their greatest regrets, and she heard the same five regrets time and time again. By studying these regrets, you can make certain that you make good choices and don’t fall victim to them yourself. Read More...
Wednesday, October 31, 2018 - Filed in: Court Cases
With the waves of layoffs and terminations this year, a question asked frequently by employers and employees alike is, "Are employees entitled to their share of bonuses for the time they worked prior to their termination?"
Many employees . . . have arrangements where bonuses (and other forms of incentive compensation, such as stock options and share units) form a significant part of their total compensation. A departing employee may be giving up a considerable sum if the termination of employment means forfeiting bonuses for the period he or she actively worked prior to the termination notice. It is a crucial question for all affected and, unfortunately, one that is consistently disputed between employers and employees.
The courts wrestle with the issue of enabling an employer to effectively exclude an employee from bonuses for the duties and services the employee performed prior to termination. A practice often in issue is that of an employer's timing the delivery of a termination notice right before the bonus payment date, to the detriment of the departing employee.
While there is no easy answer, there are common factors the courts consider in determining whether to award bonuses for work prior to the termination notice. These common factors include the terms of the contract, whether the bonus is integral to the employees' total compensation and whether the notice period includes the date when the employees would normally be paid their bonuses. Read More...
Wednesday, October 17, 2018 - Filed in: General Interest
The following is a reprint of a guest article by Candace Moody that appears in the Art of Manliness web site.
Men have been giving gifts to women since the first Neanderthal offered his crush a polished wolf femur. In the millennia that have followed, homo sapiens invented the wheel, the laptop, the foam fan finger, and put a man on the moon. But men have not yet developed a system for buying the women in their lives meaningful gifts for special occasions. As a public service, I offer this gifting system for homo sapiens and homo inermis. Read More...