Overholt Law LLP Newsletter December 2016 Happy Holidays Employee Bonuses and Legal Pitfalls
Happy Holidays from Overholt Law LLP
Best wishes from all of us at Overholt Law LLP. We wish you all the joys of the season and happiness throughout the coming year.
Employee Bonuses and Legal Pitfalls
Incentive compensation is increasingly an important term of employment for employers and employees. Employers are using incentive compensation to achieve a variety of business goals.
Incentive compensation for many employees now represents a much larger element of an employee’s compensation than ever before. To limit and define the contractual obligation to pay incentive compensation, employers are introducing a range of written policies and terms of employment.
A number of recent noteworthy cases have identified problems related to the enforceability of some of the more common contractual terms utilized. Two back-to-back decisions of the Ontario Court of Appeal recently helped to clarify the circumstances in which a dismissed employee will be entitled to damages for the loss of the opportunity to earn incentive compensation.
Upcoming Events
Lancaster House Audio Conference
January 26, 2017
Topic:
Current and Critical: The Top Human Rights and Labour Law Cases of 2016
Dates and Time:
January 26, 2017
Audio Conference: 9:30 a.m. to 11:00 a.m.
Lancaster House's upcoming audio conference will cover timely updates on key issues in workplace law.
Carman J. Overholt, K.C. and other seasoned legal professionals will review the year's most important cases and explain how they will affect you in the coming year.
HRMA Legal Symposium 2017
January 26, 2017
Dates and Time:
January 26, 2017
Full Day Symposium: 8:00 a.m. to 4:30 p.m.
Jennifer Presentation: 1:00 p.m. to 2:15 p.m.
Location:
Terminal City Club
837 West Hastings Street
Vancouver, B.C. V6C 1B6
HRMA Conference
March 2, 2017
Topic:
Moving from Hiring to Recruitment – The Legal Framework
Dates and Time:
March 2, 2017
Full Day Conference: 8:30 a.m. to 5:00 p.m.
Location:
HRMA Office
1101-1111 West Hastings Street
Vancouver, B.C. V6E 2J3
From conducting due diligence to privacy issues and appropriately drafting new contracts of employment, Carman J. Overholt, K.C. and Preston Parsons will provide attendees with a comprehensive review of the legal framework in which the recruitment of employees is conducted.In this process, you will:
Develop an understanding of the relevant law relating to the hire and recruitment of employees
Potential problems, pitfalls and liabilities to avoid
Best practices for recruiting employees
Knowledge of key reference sources for future use
Achieving clarity in your hires
Starting off the employment relationship on the right foot
HRMA Conference and Tradeshow 2017
May 2, 2017
Topic:
Managing the Mobile Workforce: What You Need to Know Before Arranging an International Assignment
Dates and Time:
May 2, 2017
Full Day Conference: 8:30 a.m. to 6:00 p.m.
Carman's Presentation: 10:45 a.m.
Location:
Vancouver Convention Centre
999 Canada Place
Vancouver, B.C. V6C 3C1
In this session, Carman J. Overholt, K.C. and other experienced lawyers will address issues to consider before sending an employee to work on assignment outside of Canada, or before arranging for a foreigner to work in Canada. The panel will speak to:
immigration / work permit issues including the current status of the Temporary Foreign Worker Program and the Labour Market Impact Assessment process;
corporate, payroll and personal tax considerations that are not often well understood but that can have negative consequences for both employers and employees; and
an array of other issues that must be top of mind when asked to facilitate cross-border employment arrangements such as jurisdictional issues (which country’s employment laws apply), potential impacts on the employee’s participation in company pension and benefits plans and in government sponsored plans and programs such as EI, CPP and workers compensation, and the employer’s health and safety obligations while the employee is abroad.