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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

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The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.

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Civic holiday or First Monday in August, public holiday or not?

This year, the first Monday in August, also called Civic Holiday, among other names, depending on the province or territory, falls on Monday, August 3. The first Monday of August is a general holiday for employees in many parts of Canada. It is a public (statutory) holiday in some provinces and territories, but in others it has different legal status. It is often called the “August Holiday,” “Civic Holiday,” “Simcoe Day” (around Ontario), “Provincial Day,” “Heritage Day,” “Natal Day” or other local names.

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Drive high-quality hires with candidate pipeline analytics

Are you facing challenges to attract, qualify and hire high-quality candidates as quickly and efficiently as your business needs?

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The trajectory of the AODA

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It would seem that there is some movement towards a more motivated government with regards to leadership and the AODA… 

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Recent breaches spur renewed focus on strengthening Ontario’s health privacy laws

According to a recent news report, Ontario Health Minister Eric Hoskins is looking into re-introducing the Electronic Personal Health Information Act and strengthening Ontario’s Personal Health Information Act following recent health-related privacy breaches.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with viewing porn at work; inappropriate computer use at work; and, racially prejudiced comment by an employee.

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OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

www.bloomberg.com

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

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The importance of an ergonomically friendly workplace

Ergonomics is the study of how workers perform their work and how they interact with their workplace. Ergonomics aims at fitting the work environment to the worker; this includes designing equipment/devices to fit the worker and altering job tasks. If workers are exposed to ergonomic hazards, it could lead to the onset of Work-Related Musculoskeletal Disorders (or WMSDs).

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Thermostat wars in the workplace

The room temperature at work is an ongoing point of contention in many workplaces. It is either too cold in the summer or too hot in the winter. Software Advice conducted a survey of office workers to understand employee preferences regarding office temperatures, as well as what temperature the thermostat should be set to and how new technology can provide an effective solution.

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Is there now an implied duty to provide reasons for dismissal?

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One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don’t know why they were fired. Many become even more aggravated when they ask for a reason and are told ‘we don’t have to give you one.’ Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with human rights due diligence; using employee pictures; and, dismissing an employee even before they start working for you.

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Employees and independent contractors: The changing nature of employment

Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the organization’s flexibility and obtain special expertise on an as-needed basis. Historically, organizations have been subject to statutory and common law duties in relation to their employees which have not been applied when organizations retain independent contractors. Case law over the past ten years suggests that the classic distinction between employees and independent contractors is becoming blurred.

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How foreign franchisors can expand into the United States using foreign franchisees

Foreign-based franchisors may wonder how difficult it would be to expand their businesses into the United States. One possible solution is for the foreign-based franchisor to initially sell its U.S. franchises to citizens of its home country, or citizens of other countries where it may already have an established presence. Fortunately, in most cases, a foreign franchisee will be eligible to own and operate a franchised business under the E-2 treaty investor category.

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Employee awarded $ 150 000 in general damages for sexual harassment

Since 2008, adjudicators appointed under the Ontario Human Rights Code have had the power to award unlimited general damages as compensation for injury to dignity, feelings and self-respect. Since that time however, very few adjudicators have awarded more than $ 40.000 and most awards are under $ 20.000.

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