Workplace Wire

Connecting employers to developments in labour, employment & pension law

Mathias Link

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Mathias Link is a partner in Heenan Blaikie’s Labour and Employment Law group. His practice focuses on representing and advising federal and provincial sector employers in employment, labour, and human rights matters. Mathias offers practical advice to employers on a wide range of employment related issues, including performance and discipline management, employee terminations, unjust dismissal and employment standards complaints and human rights applications.

Employment Releases and LTD Benefits Claims – “Full and Final” May Protect Third Party Insurers

Full and final releases executed by terminated employees are primarily viewed as a means for the former employer to be relieved of any liability related to termination of employment. However, as the Ontario Court of Appeal’s decision in Zelsman v. Meridian Credit Union Limited, 2012 ONCA 358 (“Zelsman”) demonstrates, properly reviewing and understanding the language of a comprehensive employment release is critical for a terminated employee as the language of the release may act to bar the employee from claiming against third parties, such as long-term disability insurers, who are not parties to the employment relationship.

Lay-off still rhymes with termination

A few weeks ago, Workplace Wire reviewed the Ontario Superior Court of Justice’s decision in McLean v. The Raywal Limited Partnership, 2011 ONSC 7330, where the Court held that unless an employer can show that it has such a contractual right, a lay-off, even a temporary one, will amount to a wrongful dismissal at common…

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