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Failure to mitigate damages leads to a reduction in termination notice

The Supreme Court of British Columbia confirmed that following the termination of a senior employee who had over 20 years of service with the employer, the employee was entitled to a reasonable notice period of 17 months considering the Bardal factors. However, due to the employee’s extremely passive attitude towards finding new employment, the notice period was reduced to 14 months. In a nutshell, the employee just did not do enough to seek alternate employment.

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Événements parrainés par l’employeur : méfiez-vous des bourdes commises durant les BBQ tenus l’été

Comprenez-moi bien, j’aime moi aussi les pique-niques et les BBQ qu’une entreprise offre à son personnel et je suis convaincue qu’ils constituent pour le personnel une excellente occasion de tisser des liens en dehors de leur cadre habituel. En fait, en tant que généraliste en ressources humaines, il m’incombe souvent, et c’est avec plaisir que je le fais, de participer à la planification de ces événements pour mon entreprise.

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with STD/LTD payments and termination notice; the impact of employees playing volleyball during lunch hours; and, how to destroy personal information.

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Court rules that delay in implementing a promotion did not constitute a “constructive dismissal”

In the vast majority of cases constructive dismissals arise when employers unilaterally reduce an employee’s compensation or amend another significant and fundamental term of employment. However, in Penteliuk v. CIBC World Markets, the Ontario Superior Court recently had to determine if the failure to provide an employee with a promised promotion and salary increase constituted a constructive dismissal.

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Honesty, the best policy in employment relationships

A recent decision out of the Alberta Court of Appeal upheld the dismissal of an employee for behaving dishonestly towards his employer.

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From the desk of the HR Manager: Regular attendance

Regular attendance is key to maintaining a successful, productive organization. A full-time job cannot be performed by a part-time employee. An employee should be expected to come to work ready to perform the requirements of their job every day; excessive tardiness and absenteeism cannot be tolerated. Managing employee attendance is critical in maintaining an efficient and effective workforce, and creates a number of challenges for organizations.

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Discovery Day, public holiday in the Yukon

Discovery day is a public holiday in the Yukon territory. It is celebrated on the Monday nearest August 17. This year, Discovery Day is Monday August 18.

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Reasons to object to a workers’ compensation claim

Objecting to the validity of a Workers’ Compensation (WSIB) claim or to a decision made by the Board is an important part of effective claims management. Not doing this level of due diligence can be extremely costly for your organization.

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with an harassment claim; amendments to the Ontario pension legislation; and WSIB new musculoskeletal program of care.

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Canadian citizenship amendments receive Royal Assent

As previously reported, on February 6, 2014, Citizenship and Immigration Minister Chris Alexander unveiled Bill C-24, the Strengthening Canadian Citizenship Act, which proposed significant amendments to the Canadian Citizenship Act (R.S.C., 1985, c. C-29). On June 19, 2014, the Bill C-24 received Royal Assent and became law.

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Citizenship and Immigration Canada announces change to definition of dependent children

On June 23, 2014, CIC announced that the new definition of “dependent child” became effective as of August 1, 2014. It reduces the maximum age from “under 22″ to “under 19″ and eliminates the exception for children 19 or older who are financially dependent on their parents and are enrolled in full-time studies.

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Un arbitre confirme un licenciement pour absentéisme excessif

Dans une récente décision, un arbitre a confirmé le licenciement d’une employée pour absentéisme excessif, mais involontaire.

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Arbitrator upholds termination for excessive absenteeism

A recent arbitration decision upheld the termination of an employee for excessive but innocent absenteeism.

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The older job applicant: Human Rights considerations

The number of workers over the age of 65 has significantly increased in recent years, and a survey by Towers Watson found that one-third of all respondents and 42 percent of older workers have decided to delay retirement. This aging workforce demographic means that not only are there more older workers remaining in their employment, but also that there are many older workers seeking new employment.

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Going global: Ontario Superior Court grants severance pay based on non-Ontario payroll

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for an employee entitlement often relegated to the role of afterthought: severance pay.

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