Updates from Consult Carswell
Saskatchewan gets tougher on smoking
Although it is already illegal to smoke in most enclosed public spaces in Saskatchewan, Bill 133, the Tobacco Control Amendment Act, 2009, would impose several new restrictions. The law would make it illegal to smoke in a vehicle when someone under 16 is present and on school grounds. At all other public places, outdoor smoking would only be allowed certain distances away from a building’s doors, windows and air intakes.
‘Severance’ has dual meaning
The term “severance” actually has two meanings. The first, as a general term across all jurisdictions, means a payment made in lieu of notice — a “severance package.” The second, in its precise statutory definition under Ontario and federal law, is a lump-sum payment made by an employer on termination based on the completion of a minimum number of years of service. This payment must be made in addition to any minimum notice requirements or payments in lieu of notice.
Wrongful dismissal for salespeople
When calculating damages for wrongful dismissal of salespeople, commissions are taken into consideration — normally those a person would have earned had she kept working. This can be difficult to calculate so written employment contracts with termination clauses are recommended. When dealing with a 100-per-cent commissioned salesperson, for example, the notice period would correspond with the commissions (and other remuneration) she earned during the notice period.
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