My Human Resources college professors used to ask students on a regular basis when it was OK for employers to terminate employees without cause. The answer, in theory, is that the employer can terminate an employee at any time! However…
Ever since the Supreme Court of Canada decision in 2008 in a case Evans v. Teamsters Local Union, the courts have recognized the obligation of an employee, in certain circumstances, to accept an offer of alternate employment from their employer following dismissal. This has put many employees in the awkward position of determining whether or not the offer of employment is one that must be accepted based on the Evans’ reasoning. The difficulty faced by many employees’ counsel is the degree of difference in the position being offered, and whether such difference justifies the employee rejecting the offer of employment.
It seems a lot of heated HR issues have begun to resurface in the news recently. From the accommodation of medical marijuana to the legality of unpaid internships, these are some issues that have been plaguing HR professionals in recent years.
The 15th Annual Ontario Employment Law Conference, is taking place June 10, 2014, at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer LLP experts in the areas of employment and labour law.
Three of the most popular articles this week on HRinfodesk deal with three accommodation on the ground of disability.cases badly handled by employers.
The Employment Standards Act in Ontario is legislation designed to protect the rights of all workers in the province. Under section 3, the Act specifies that it applied to any employee in the Province of Ontario, or any employee who is performing work outside of Ontario that is “…continuance of work performed in Ontario.” The Act contains numerous protections for Ontario employees, such as limiting the maximum hours of work in a week, providing an entitlement to overtime pay, and creating entitlements such as parental leave, vacation and personal leave. The Act also provides for the employee’s rights in the event of a termination of employment. Many employers have perceived these entitlements as onerous in some circumstances. In order to attempt to avoid such payments, or other obligations under the Act, employers have sought to have employees sign contracts containing provisions which purport to surrender the employee’s rights under the Act. This is generally referred to as “contracting out”.
On Friday April 18, 2014, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay.
On April 3, 2014, the Ontario Ministry of Labour announced the focus of its 2014-15 Employment Standards Act (ESA) inspection blitzes. A “blitz” occurs when the Ministry of Labour (MOL) decides to have its employment standards officers target industries that have a history of employment standards violations or industries that employ vulnerable workers in order to ensure compliance with the ESA.
An employee can be required to provide proper notice of resignation. Failure to do so could result in the employee paying damages to the employer.
From April to June 2014, the Ontario Ministry of Labour is conducting an employment standards inspection blitz targeting organizations that employ unpaid interns. The goal is to ensure worker rights are protected and enhance employers’ awareness of their responsibilities.
Three of the most popular articles this week on HRinfodesk deal with Saskatchewan upcoming minimum wage; Ontario’s sunshine list; and discrimination based on sexual orientation.