In Hawkes v. Max Aicher (North America) Limited, the Ontario Divisional Court held that the calculation of an employer’s payroll for the purposes of determining its severance pay obligations under the Ontario Employment Standards Act, 2000 (ESA) must include its payroll outside of Ontario and Canada. Background The employee was employed by Max Aicher (North … Continue reading
On 4 November 2016, the Supreme Court in the Netherlands issued an important judgment that will impact on the use of payroll companies. In this judgment, the Supreme Court held that no “allocation function” is needed to qualify as a temporary employment agency contract (uitzendovereenkomst). This e-Alert provides a summary of the judgment and further background … Continue reading
The recent decision of Justice Kane in Paquette v. Quadraspec Inc., 2014 ONCS 2431 (“Paquette”) has arguably changed employees’ entitlement to severance pay on the termination of employment. Severance pay is distinct from termination pay and is meant to award long-term employees for their service and to compensate them for their loss of seniority and … Continue reading