Top Five Things to Consider When Dismissing an Employee

This article came across my desk and I thought it well written and hit the points where we often see things go wrong, especially with smaller employers where HR might be part-time or absent.


The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

The process your organization follows when carrying out a termination of employment is important. It can have a big impact on the affected individual and, if done carefully, can reduce the potential risk of liability to your organization.

Here are our top five things that any employer should take into consideration when looking to dismiss an employee….

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Ontario Employers – Are You in Compliance?

Employers with employees in Ontario often ask us to confirm legislative requirements under various employment statutes, including mandatory postings, training, and policies under the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Accessibility for Ontarians with Disabilities Act.

To make this information conveniently available, the Littler Toronto assembled these requirements in a single publication, which was originally posted in August 2017. An updated version of this publication was provided to clients in March 2018 and the newest version can now be accessed through the link below.

These apply to ALL Ontario Employers.  Make sure you are compliant.

Ontario Mandatory Postings

Ontario Ministry of Labour Webinar – July 24th, 10:30 am

The Ontario Ministry of Labour is adding events to educate Ontario employers.

If you are interested and would like to register, please follow the link below


Free webinar on hours of work and overtime – July 24

Do you know what the hours of work and overtime rules are in Ontario? What about how to calculate overtime pay? Join ministry staff for a one-hour overview beginning at 10:30 a.m.

Register online

2019 Sanofi Canada Healthcare Survey released

I have had the great privilege of being a part of the Sanofi Canada Healthcare Survey Advisory Board for the past few years.  Through this group I get to meet some great people in a variety of roles including; consultants, insurers, plan sponsors, associations, medical, pharmaceutical, as well as those in the publishing field that make it all happen behind the scenes.  These are people that the average benefits advisor never gets the chance to meet let alone spend some time with.

The learning for  the survey results as well as the exchange itself, makes me much better as an advisor and as an educator in our industry. Thank you Sanofi, for making the survey possible and letting me be a part of it.

Tale a few minutes to read the report highlight.  Some of the results that the employers and employees share can be quite enlightening.


While just half (49 per cent) of plan members said changes were made to their benefits plan in the past two years, 72 per cent of plan sponsors reported they made changes, according to the 2019 Sanofi Canada health-care survey.

Read the Benefits Canada article HERE    Get the 2019 Survey HERE

Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice

This case is from late last year but provides a great example of the amount of notice that may be required for changes in “conditions of employment”.  As employers make changes to benefit plan offerings, employment contracts (contract staff, independent contractors), or major changes in location etc., they may wish to keep in ind that notice may be as long as notice for termination.


Published on July 11, 2018 User Stringer LLP
In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment, without providing consideration, so long as they take appropriate steps to provide reasonable notice of the change coupled with notice that employment under current terms would terminate at the end of that notice period…

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The legal risks of drug plan design changes

If you are a Mainstay client, then your risk (mentioned in the article) is a bit lower than with most.  You likely have an insured benefit plan (over ASO) and few of our clients reduce or remove drug coverage. That said, sometimes due to rising costs, a drug cap can be appropriate as a last ditch effort to maintain a plan, and risks can arise.  In some cases insurer changes beyond an employers control can cause delays and in some cases, moving to an HSA only plan or dropping a plan altogether can create a risk if someone is on a high cost drug.  All that said, we are lucky in Ontario to have the Trillium Drug Program that can assist in many of these situations..


Drug plan design changes are often unavoidable, whether they’re due to a carrier modifying contracts across the board or an employer looking to manage ballooning costs.

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If you are an Ontario employer and pay WSIB premiums, you should know there are some changes coming for 2020 as to how they calculate the rate you pay.  We’ve included an article below, but the WSIB site also has info on the upcoming changes.

https://www.wsib.ca/en/businesses/premiums-and-payment/rate-framework


Ontario’s Workplace Safety and Insurance Board is changing how premium rates are calculated for almost 300,000 registered businesses across the province.

The WSIB hasn’t changed its rate setting scheme for more than 20 years, says Pamela Steer, the board’s chief financial officer. “We really looked at how we could change the offering to our customers, such that it would make more sense for the modern day. So leveraging technology, big data and risk analytics in order to more transparently provide employers with their premium rates and also to base it more on the risk they present.”….

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OHIP changes eyed for some out-of-country travellers

If you are reading this, you are probably a Mainstay client that likely has travel coverage through your employer plan, so this may have no, or next to no effect on you.  Where it MAY have an effect on you is… If you are an Ontario resident with employee benefit travel coverage, and have an out of country claim, then you will no longer need to apply to the province for coverage before your group plan considers the claim. This should make the process faster and easier for employees.


The Ontario government is looking at eliminating some OHIP coverage for Ontarians travelling outside of Canada but it is a move that will not change coverage for the overwhelming majority of citizens, the government says.

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Employment Law Update 2019 seminar

If you are in the Greater Toronto Area and looking for an update on Employment Law, look no further than this seminar.

Littler is a global leader in Employment Law, and George Vassos has been a great speaker at CGIB event in the past.


Employment law in Canada is always evolving. Join us as we discuss how these important issues and developments in employment law will affect your workplace in 2019 and beyond. In this instructive and interactive session, we will share practical tips and important insights to help your organization navigate the following workplace issues with ease.

  • How to improve employee retention by instituting workplace policies that:
    • Allow employees to balance work and life by requesting flexible work arrangements
    • Create a culture of inclusivity
  • Is your final release really “final”?: Cautionary lessons from case law
  • Update on restrictive covenants and how to maximize the enforceability of non-solicitation and non-competition clauses in your employment contracts

Tuesday, May 28, 2019

Registration:
8:00 a.m. — 8:30 a.m.
Program:
8:30 a.m. — 10:30 a.m.
Location:
The Ritz-Carlton Toronto
181 Wellington Street West
Toronto, ON M5V 3G7

To register: CLICK HERE

Extended EI Parental Benefit Sharing effective March 17, 2019

Employees taking Parental Leave and applying for EI benefits may now be entitled to an extra 5 or 8 weeks of EI benefits as noted.

This change does not affect business owners, nor does it extend the time allowed off, other than the fact that the second parent may now take time off when they may not have before.  The clip below summarizes the new standard and extended options available.


What are EI parental benefits

EI parental benefits are offered to parents who are caring for a newborn or newly adopted child or children.

There are two options available for receiving parental benefits: standard or extended.

  • Standard parental benefits can be paid for a maximum of 35 weeks and must be claimed within a 52-week period (12 months) after the week the child was born or placed for the purpose of adoption. The benefits are available to biological, adoptive, or legally recognized parents at a weekly benefit rate of 55% of the claimant’s average weekly insurable earnings up to a maximum amount. The two parents can share these 35 weeks of standard parental benefits.
  • Extended parental benefits can be paid for a maximum of 61 weeks and must be claimed within a 78-week period (18 months) after the week the child was born or placed for the purpose of adoption. The benefits are available to biological, adoptive, or legally recognized parents at a weekly benefit rate of 33% of the claimant’s average weekly insurable earnings up to a maximum amount. The two parents can share these 61 weeks of extended parental benefits.
    • You can choose to claim extended parental benefits only if your child was born or placed with you for the purpose of adoption on or after December 3, 2017.

Note: The number of weeks of EI maternity or parental benefits you are entitled to receive does not change, even if you have a multiple birth (twins, triplets, etc.) or if you adopt more than one child at the same time.

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