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Thought for the week from Tim Cork - Look in the Mirror

Look in the Mirror

“A person's worth in this world is estimated according
to the value they put on themselves.”
– Jean de la Bruyère

Your self-esteem comes down to the value you put on yourself. If you feel good about you, so will the people around you. The person you see in the mirror is the person others see based on how you feel about yourself. You can never fool the person in the mirror. They know what you’re all about. So be honest and take responsibility. Don’t blame anyone else … take responsibility for you, every day.

Robert Smithson's Legal Ease - Employees, Contractors, and In-Betweens

EMPLOYEES, CONTRACTORS, AND IN-BETWEEENS

In the employment world there are employees, contractors, and what I call in-betweens. The category into which an individual falls will have a substantial impact on his or her entitlements upon the termination of the relationship.

Reasonable working notice is the basic pre-termination entitlement of most employees. This entitlement is an implied term of the relationship unless it is altered by a binding employment contract. If reasonable working notice is not provided, the employee is entitled to pay in lieu of notice (commonly referred to as severance pay).

ARE COURTS CRACKING DOWN ON DISMISSAL DAMAGES?

In the world of employment law, awards of pay in lieu of notice are the bread and butter of judicial decisions. As those awards relate to shorter service employees, we may be entering an era of rationing.

The factors normally considered by a judge in making an award of pay in lieu of reasonable working notice are the employee’s age, length of service, type of position (usually focusing on the managerial versus non-managerial divide), and the availability of similar employment.

Thought of the week from Tim Cork - How Good Does It Get?

Spending time with your kids or loved ones is as good as it gets. Savour and enjoy the moment. People are always thinking about how things will get better. Instead, enjoy the here and now.

“Learn how to be happy with what you have while you pursue all that you want.”
– Jim Rohn

Be thankful for the present and how you are able to share it with other special people in your life. Live life to the fullest. Absorb and don’t regret.

Thought of the Week from Tim Cork - Vision!

Vision … the Power of Sight

“It is a terrible thing to see and have no vision.”
– Helen Keller

In life you need to think about where you are and where you want to be. The want to be part represents your dreams and is the basis of your vision. Your vision is where you want to go, your destination. You must have clarity and focus in your vision. The clearer your vision, the more successful you will be. All great and successful people are big visionaries and dreamers. The more successful you are, the bigger the dreams. To get where you want and what you want, you must visualize those destinations and achievements and things in every area of your life.

Essential Job Description Clauses

It's a good idea to take advantage of the O*NET Web site (http://www.onetcenter.org), which provides job descriptions for thousands of positions — and it's free! In addition to the essential job duties identified by O*NET, you might also consider adding these items to your job descriptions:

1 - Being on time. (Yes, lawyers will argue that this is not an essential job function). If it's essential for an employee to show up at 8 a.m., due to the nature of your business, and flexible scheduling won't work for that position, then identify it as an essential job function.

Thought of the week from Tim Cork - Release your inner child

Release Your Inner Child

"Don’t cry because it’s over. Smile because it happened.”
– Theodor Geisl (Dr. Seuss)

Isn’t it amazing that it’s impossible to be mad when you are laughing? So laugh often. Try to laugh off the irritation or problem. Focus your thoughts on the beauty around you, maintaining that fresh, positive, genuine, childlike outlook on life. We live in a world of abundance and marvel, miracles and beauty. Take a deep breath and let it in. Take some time every day just for you. A time where you do something you really enjoy or just sit and do nothing. It should be a time of contentment and positive thoughts.

Pick-Up Hockey and the Workplace

The pick-up hockey group strikes me as a quintessentially Canadian phenomenon. It comprises a group of casual players, usually not of extremely high calibre, getting together on a regular basis to play the game they enjoy.

Maybe there are pick-up hockey groups in small towns in Russia and Sweden and other countries, too, but I still think of it as a Canadian tradition first. There are probably games happening in every town and city from Victoria to St. John’s as I write this.

The Wisdom of Warren Buffett

Every year I look forward to the annual Berkshire Hathaway Annual Report. Not just because I own some of the stock, but because of the much anticipated letter from Warren Buffett that provides incredible insight with a good sense of humor to boot.

For example, in this year's letter Buffett stated that the recent economic period was "devastating" and that "investors of all stripes were bloodied and confused, much as if they were small birds that had strayed into a badminton game."

Managing the Risk of Constructive Dismissal

MANAGING THE RISK OF CONSTRUCTIVE DISMISSAL

In this period of economic decline, many employers are faced with the need to restructure their workforce. Unfortunately, imposing unilateral changes upon employees raises the risk of constructive dismissal claims.

Cowed by lawyers’ warnings, many employers will shy away from the structural changes needed for business survival. My own view is that business changes can be effectively managed to limit the risk of legal liability.

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