Even before the ratification of the UN Convention on the Rights of Persons with Disabilities, there was real thought being put into the potential development of a Canadians with Disabilities Act. It began with the structuring of the International Day of Persons with Disabilities and has found its permanence with other large scale developments such as the development of UN policy and focus on the inclusion of people with disabilities.
Three popular articles this week on HRinfodesk deal with presenteeism; fixed-term contract; and, changes to accessibility regulations.
Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.
The triple threat: flexible work policies, workplace accommodation procedures and WSIB return to work
Your company can ensure that it prepared to deal with requests for workplace accommodation on any of the prohibited human rights grounds and that it can provide compliance to WSIB Return to Work requirements by having a solid foundation of flexible work policies.
In this blog, I tackle a question that gets asked a lot: “Can’t my HR & Talent Systems provide the analytics and reporting I need?”
In the past three years there have been a number of cases arising from the Ontario courts considering whether or not termination clauses which purport to rebut the implied presumption of common law notice and limit an employee’s entitlements upon termination are enforceable. The enforceability of such clauses can have significant consequences on the quantum of an individual’s damages because an employee’s common law entitlements typically exceed his/her minimum entitlements under the applicable minimum standards legislation. The Ontario Division Court recently considered the enforceability of a termination clause in the federal sector in Luney v. Day Ross Inc., 2015 ONSC 1440.
Over the years, workplaces all over Canada have seen many different issues, in particular regarding smoking and narcotic prescription drugs. The most recent issue workplaces are struggling with is medicinal marihuana. There is a lot of stigma around using marihuana for medicinal purposes, so you can only imagine how people would feel about using it in the workplace. Marihuana is scarcely viewed as a medicine, which is the biggest issue. Marihuana is viewed as an illegal drug, so who would think its ok to do drugs at work?
Three popular articles this week on HRinfodesk deal with rehiring a terminated employee; employer’s responsibility for employee privacy breach; and, new Ontario JHSC certification training.
Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.
Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.
The Ontario Human Rights Tribunal and the Courts have broken new ground in recent months, both in terms of the reach of anti-discrimination laws and the consequences for those who are found in breach. While the vast majority of employers provide respectful and inclusive workplaces, there are exceptions to this rule and sometimes, despite all […]
There is one particular strategy which is often overlooked and undervalued by businesses when looking to reduce their WSIB claims costs. We’re referring to the critical importance of completing an organization’s own Incident Report/ Worker’s Statement, Supervisor’s Report of Injury and Witness Statements.
In Canadian Union of Public Employees, Local 1716 v. British Columbia Assessment Authority, the union filed a policy grievance after a new management policy was put in place in the Kelowna office of the British Columbia Assessment Authority. The new policy banned the wearing of blue jeans or shorts in the office by all employees on days that they were not in the field in settings where jeans were appropriate, for example on farm locations.
In less than eight weeks, small and large organizations in Ontario will face a new set of legal obligations under the AODA’s Employment Standard and Information and Communications Standard.
Three popular articles this week on HRinfodesk deal with Canada Pension Plan contribution rates for 2016; new developments on sexual harassment; and, the Conference Board of Canada projected salary increase.