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The Hum Law Firm is dedicated to providing expert legal services in employment law, human rights, and workplace disputes. Their team serves clients in Ontario and Quebec, making legal help more accessible across multiple locations.

They understand the importance of equity and safety in the workplace, offering support in drafting contracts, handling disputes, and protecting human rights. Their bilingual service ensures inclusivity for a wider client base.

The firm takes pride in guiding clients through investigations, mediation, and shareholder disputes. They recognize mediation as an essential step, helping clients save time and resources while resolving issues fairly.

When settlement is not possible, their litigation team is ready to represent both plaintiffs and defendants through every stage of a case. This full-service approach makes them versatile and client-centered.

An article by Andrea Yu

THE QUESTION

I work at a restaurant. The owner frequently cancels our shifts last minute. Sometimes it’s the night before the shift starts, but he also does it on the day of, a few hours or sometimes one hour before the shift starts. Is this legal? Am I entitled to any pay for the cancelled shifts? The cancelled shifts are eight to 10 hours long.

Read Lai-King Hum’s advice in the latest The Globe and Mail article (subscription required).

(Sourced from HR Law Canada )

Written by Lai-King Hum:

Too often, employers are surprised when their “perfectly drafted” employment contracts become obsolete at critical moments, resulting in unexpected costs or even legal disputes. Unlike other long-term commercial contracts, which are updated only when parties modify their deals, employment contracts require routine reviews to remain enforceable. Otherwise, the contracts, on which employers spent time and often legal fees, may fail to protect them or, worse, become a source of liability.

When reviewing employment contracts, employers need to consider several factors.

An article by Andrea Yu

Featuring Lai-King Hum.

 

Read the rest of the article below at The Globe and Mail (subscription required).

An article by Andrea Yu

In terms of EI, to qualify for regular benefits you must meet certain criteria. Featuring Lai-King Hum.

 

Read the rest of the article below at The Globe and Mail (subscription required).

February 22, 2024 at 1:00pm  Eastern Standard Time. 

The past year has brought significant changes in employment law. Businesses must continue to navigate this dynamic landscape. Lai-King Hum delves into critical developments that emerged in 2023 and carry implications for 2024. Learn what employers need to know to implement policies in 2024.

Guest speaker Lai-King Hum | Founder of Hum Law Firm

An article by Lai-King Hum for Canadian Mining Magazine

In the dynamic landscape of the mining sector, maintaining a safe and compliant workplace is paramount. With the authority to scrutinize compliance with Ontario’s Occupational Health and Safety Act (OHSA) and the special rules regulating the mining industry, the MOL plays a pivotal role in upholding safety standards within the mining industry. The prospect of a Ministry of Labour (MOL) investigation can be a daunting challenge for mining employers. This article explores key strategies and best practices for navigating workplace health and safety investigations specific to the unique demands of the mining sector in Ontario.

Read the rest of the article below at Canadian Mining Magazine.

Since the enactment of Bill C-47 by the federal government to broaden the scope of reportable transactions under the mandatory disclosure rules, concerns have arisen among employment lawyers regarding the reporting of settlement agreements involving general damages to the Canada Revenue Agency (“CRA”). Lawyers must now strategize to prevent unnecessary reporting and mitigate associated risks for their clients. This legal update underscores the importance for employers to engage experienced counsel, as they may confront a more formidable adversary—the CRA—when navigating employment disputes incorrectly.

Bill C-47 is intended to deal with situations of tax avoidance. Typically, in a lawsuit arising from the employer’s termination of an employee, the latter may claim two types of damages with different tax implications. One type compensates for the loss of employment income (e.g., wrongful dismissal damages), taxable as employment income. The other compensates for expenses and non-monetary loss (e.g., general damages for discrimination), which is not taxable. It is common for employees to claim both types in a termination dispute, settling different claims upon reaching an agreement.

To protect against the CRA possibly disagreeing with the characterization as general damages, employers’ counsel often advises including a tax indemnity clause in settlement agreements.  If the CRA disagrees with the characterization of the payment as general damages and believes that the payment should be treated as income, the employee will compensate the employer for the resulting tax liability. However, the expansion of reportable transactions may require reporting this otherwise standard arrangement and tax indemnity clause under specific circumstances.

Failure to report incurs substantial penalties: $500 per week for each failure, up to the greater of $25,000 and 25% of the tax benefit. For corporations with assets exceeding $50 million, the penalty is $2,000 per week, up to the greater of $100,000 and 25% of the tax benefit. This has raised concerns among employment lawyers about the need to clarify if all similar transactions must be reported.

On November 2, 2023, the CRA clarified that “tax indemnities in employment agreements and severance agreements” do not trigger reporting obligations if they occur “in a normal commercial or investment context, where parties deal at arm’s length and act prudently, knowledgeably, and willingly.” However, this clarification does not alter the underlying issue: if general damages are unreasonably high, the CRA may still view it as tax avoidance and impose penalties. Additionally, considering this is still an early stage of implementing new reporting obligations, the CRA’s policies are subject to change.

This legal development underscores the importance of sound legal judgment in employment dispute settlements. A standard tax indemnity clause in a settlement template may prove inadequate. Employers need counsel to navigate settlement agreements cost-effectively while guarding against excessive general damages to prevent substantial tax liabilities. This concept may appear counter-intuitive to many employers who may assume they have unrestricted freedom to agree on any amount of general damages to resolve private disputes with their employees. This is not always the case. They should seek their counsel’s advice to determine the reasonableness of the settlement and ensure it can withstand the scrutiny of the CRA.

 

If you need guidance from an experienced employment lawyer, contact Hum Law today at (416)214-2329 or Complete our Free Assessment Form Here.

We are thrilled to announce that Hum Law’s Junkang Yang has been called to the bar in Ontario and will join Hum Law’s growing team as an associate.

He received his Master of Law degree from Osgoode Hall Law School and his Bachelor of Law degree from China University of Political Science and Law. Junkang is also a licensed lawyer in mainland China.

Before joining the Hum Law Firm, Junkang worked as an associate in a local litigation firm in China. His previous international experience in law brings a fresh perspective for Hum Law’s clients.

Junkang demonstrates an unparalleled passion, a sharp legal mind, and a deep commitment to finding solutions for even the most unique of situations. He will continue to be a valuable asset to the Hum Law team.

Please join us in celebrating this momentous occasion for Junkang Yang.