Clear Path recently challenged what could be considered a precedent-setting decision from the Workplace Safety and Insurance Board (WSIB) that would have put certain employers at a serious disadvantage.
Thanksgiving Day in Canada occurs on the second Monday in October every year. This year, Thanksgiving Day falls on Monday, October 12.
The Human Rights Tribunal of Ontario recently awarded an Ontario lawyer, $1,000 for injury to dignity, feelings and self-respect, as a result of his being stopped from entering the Riocan Empress Walk mall with his service dog.
Three popular articles this week on HRinfodesk deal with wilful misconduct; family status and eldercare; and, criminal negligence causing death under OHSA.
We are very pleased to announce that Beyond Rewards Inc. will be blogging on First Reference Talks.
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.
The Digital Privacy Act (Bill S-4) passed into law, introducing (among other things) significant fines and mandatory breach notification (not yet in force) into the Personal Information Protection and Electronic Documents Act (PIPEDA).
The Ministry of Health and Long-Term Care has announced in a news release that it intends to introduce amendments to the Personal Health Information Protection Act (PHIPA) to strengthen PHIPA and protect patient privacy.
The recent well-publicized transgender celebrities, and Emmy wins for the Amazon show Transparent, have put gender identity, gender expression, transsexual and transgender issues on the social and political agenda. Most employers should already have general anti-discrimination, anti-harassment and accommodation policies recognizing protected human rights grounds. So if an employer doesn’t have a transsexual or transgender employee, how important is it to have a specific policy dealing with transsexual, transgender, gender identity and gender expression? For some employers, it may be essential.
It happens every now and then: the parties to a wrongful dismissal dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they do so?
Three popular articles this week on HRinfodesk deal with Ontario AODA requirements for 2016; EI premium rates for 2016; and the duty to mitigate.
Consultation and feedback processes should not be underestimated. Doing away with the old systems of decision making provides for a more thorough engagement with those groups that would represent gaps in policy and operations.
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”. The respondent alleged that her termination was […]
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As any follower of Canadian employment law already knows, there are many grey areas and very few “black-and-white” rules. One of the greyer areas is summary dismissal; evaluating when an employer has just cause to terminate the employment relationship is fraught with uncertainty. Contrary to popular belief, there are no absolute rules and there are no types of misconduct that will guarantee the existence of just cause for dismissal.