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News and Discussions on Payroll & Employment Law

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Leaning in to discussions about gender at work – a risk and responsibility

Does your Human Resources department coach your managers to shush-up or speak out regarding gender issues and gender biases in your company?

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Surreptitious tape recording of bargaining negotiations not admitted into evidence

The issue in this case was whether a surreptitious tape recording of bargaining negotiations was allowed to be admitted into evidence.

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Hire like a freak

What if there was a way you could get the wrong candidates to de-select themselves for you?

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Three popular articles this week on HRinfodesk

Three of the most popular articles on HRinfodesk this week deal with a worker’s right of action; WSIB mental health stress test; and, employer liability under Canadian Anti-Spam Legislation.

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Business travel: A review of NEXUS program eligibility

The NEXUS program is a joint initiative of United States Customs and Border Protection and the Canada Border Services Agency, which enables pre-approved, low-risk travellers to receive expedited entry when travelling to the United States or Canada.  Unfortunately, not everyone will be in a position to satisfy the NEXUS eligibility criteria. 

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If it looks like theft and quacks like theft…the employer may still pay!

While employee theft is frequently grounds for termination, shades of grey do appear in the case law.  In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

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Beyond bardal: The presence of a non-competition clause as a reasonable notice factor

While many employers may be aware of the difficulties in enforcing non-competition clauses, they may not be aware of another risk associated with such clauses: their potential to increase the reasonable notice period.

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Employee v. contractor

The distinction between employees and contractors is an issue that will not go away. As I have written about in the past, there seems to be a trend toward giving workers the option of being treated as an employee or a contractor, though the reality is that this impacts nothing other than how they are paid.

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Do you agree that workplaces should have a dress code?

HRID dress code policy poll

Human resources experts agree that employees appreciate knowing your expectations about how they should dress for work-if they exist. However, some managers and employers disagree with dress codes. One of our subscribers wondered what our readers think, so in a recent HRinfodesk poll, we asked, Do you agree that workplaces should have a dress code?

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Employers should take advantage of Human Rights summary hearings

A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are primarily employees) would have “direct access” to the Tribunal.

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Workplace team sports – Not just a game

It is often stated that a fit and healthy workforce is a more productive workforce. Not surprisingly then, many employers encourage their employees to be more active and fit. In some cases this may include the sponsorship of a company sports team.

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Slaw: A Look at Unionization Rate in Canada in Light of This Year’s Labour Day

This year, Labour Day falls on Monday September 1, 2014. All provinces and territories observe this holiday. Government bodies and agencies as well as many businesses are closed on Labour Day.

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Family status: Recent interpretation under the Human Rights Code

Requests for accommodation due to family status is becoming more common as societal norms continue to change. The leading case in Ontario that addresses the worker’s rights and the employer’s obligations on the ground of family status is arguably Devaney v. ZRV Holdings Limited.

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with AODA January 1, 2015 compliance deadline; consequences of competing with employer on the side; and, obligation to protect employee from third party harassment.

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Trusted human resources leadership

Can you trust your HR Department? Trust is one of the most valuable assets in any organization and the level of trust within an organization is a key factor in long-term organizational success.

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