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News and Discussions on Payroll & Employment Law

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It’s never okay: The Ontario government’s action plan to stop sexual violence and harassment

On March 6, 2015 Ontario’s premier Kathleen Wynne tabled “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” The Ontario government plans to introduce legislation to support this Action Plan in the fall. I agree It’s Never Okay but I don’t think the government’s action plan is the best way to affect change.

Religion and politics – dangerous topics for employers

Can an employer ask an employee or job candidate about his or her religious beliefs? Most employers know, or should know, that they should never ask questions on an application or during an interview in regards to any of the protected grounds of the various human rights codes. To do so could lead to discrimination (or the perception of discrimination) on the basis of a protected ground. As with everything in law and policy, however, the above advice does not reflect the whole story. And the answer, as usual, is yes and no.

A canadian perspective on veteran status and employment

Looking at American policy for dealing with veterans and employment can raise questions about how we treat Canadian veterans with disabilities in the context of modern policy. There are still large gaps between what the intended goal of the New Veterans Charter is, and what is occurring to young veterans who are given lump sum payouts. Although this dynamic exists, the goal of this article is to take a different approach and, at the very least, start some discussion about the junction of veterans with disabilities.

Using fixed-term contracts in a potentially misguided effort

It seems as though many employers have decided to use fixed term contracts in a potentially misguided effort to reduce their labour costs and limit their severance obligations. Unfortunately, this decision seems to be based upon a misunderstanding of the law, and can result in unexpected liability and costs. Furthermore, it does not always result in the cost savings that the employer anticipated, and in any event, there are often better ways to achieve those savings.

All pay and no work? That’s constructive dismissal!

This newest post deals with the dangers of preventing an employee from working, and the importance of carefully drafting employment contracts.

Rollick v. 1526597 Ontario Inc.: “heavy handed and unjustifiable conduct”

The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.

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#Worklaw2015 : Proposed changes to the AODA customer service standard

Learn the latest!

Last year, proposed changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), were made available for public comment. A finalized version of these proposed changes has now been released. The purpose of many of the changes is to streamline the Customer Service Standard with the Integrated Accessibility Standard (which includes the Information and Communication Standard, the Employment Standard, the Transportation Standard and the Design of Public Spaces Standard).

New sexual harassment laws coming soon to the workplace

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On March 6, 2015, the Ontario Government published its plan aimed at addressing sexual violence and harassment in Ontario. This post is limited to the Government’s recommended changes to the Occupational Health and Safety Act to deal with workplace sexual harassment.

Medical marihuana in the workplace

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In the last few years, statistics show that an increasing number of licences to possess medical marihuana have been granted, and with the recent changes to the federal legislation, this number is very likely to keep growing.

Terminated casino dealer twice lucky in court

Mike Majewski’s profane outburst at his co-worker John Maracle was not sufficient cause for termination on its own or as a cumulative event, Ontario’s Small Claims Court recently decided—for the second time.

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SCC constitutionalizes the right to strike for unionized employees

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In a surprising move, the Supreme Court of Canada overturned its own precedent and found that the right to strike was protected under the Charter.

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Hot tips for summer student workplace supervision, safety and success!

This is the first summer that Ontario employers have new liability and responsibility to summer students who are with them in unpaid co-op or internships.  The Occupational Health and Safety Act coverage expanded to unpaid co-op students and learners in work placements, effective November 20, 2014. For employers, this means that unpaid summer co-op students […]

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Avoiding liability pitfalls when dismissing short service employees

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All too often short service employees are overlooked in terms of an employer’s potential liability. After all, such workers can often be dismissed with minimal severance and without great fear of litigation. However…

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A brief review of the Mayo Moran legislative review of the AODA

The Mayo Moran Review of the Accessibility for Ontarians with Disabilities Act is both a welcome and timely document as it reflects the progressive goal of inclusion within business and social culture.

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Turning over a new leave: ESA amendments introduce new, significant categories of leaves

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2014 saw the introduction of three new leaves protected under the Employment Standards Act, 2000 (the “ESA”).  These new leaves can result in significant absences from the workplace, which will create new human resources challenges for employers.  Professionals engaged in workforce management and HR must be aware of these new obligations to employees in order to avoid accidental breaches of the ESA.

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