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News and Discussions on Payroll, HR & Employment Law

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Does the Canada Border Services Agency have the authority to search your electronic devices?

Travellers may feel that searches of their electronic devices at border crossings are an unreasonable violation of their privacy rights. However, they need to be aware that refusing to provide their password can have serious consequences.

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Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

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The right to purreavement leave in Ontario

Nothing prevents employers from providing their workers with benefits greater than the minimum standards provided by the ESA. Will this extend to leave when a pet dies or leave when a young pet is adopted?

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The L-Visa: An attractive option for Canadian companies

In the right circumstances, the L-Visa category is a great option for a Canadian company looking to send employees to United States to work out of their American parent, branch or subsidiary company.

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Q&A: Medical marijuana inquiry during hiring or screening process

Can we ask during the hiring and screening process if a potential employee is using medical marijuana for a position that requires driving or that is a safety sensitive position?

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When key employees leave

The departure of a key employee can create uncertainty and destabilize the rest of the office, let alone impact the value of the company if the key employee is particularly high profile. Employers should have a plan in place to provide the right messaging to employees.

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Don’t let cannabis laws leave you dazed and confused

The intersection of issues surrounding cannabis at the workplace including health and safety considerations, the duty to accommodate, and the complex area of drug testing can result in the need for legal advice on how to create a reasonable and enforceable drug and alcohol policy.

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Is the first Monday in August considered a statutory holiday? It depends!

Although most commonly referred to as the “Civic Holiday” in Ontario, the holiday is referred to differently across Canada. For instance, in British Columbia, the holiday is referred to as British Columbia Day and in Manitoba, the holiday is named Terry Fox Day.

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Employee vs independent contractor: The dangers of misclassification

It is essential that employers understand and consider the risks of misclassifying employees as contractors, even when the individual themselves is the one requesting or proposing the contractor relationship.

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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with OHRC’s annual report, new service dog signage for businesses and the Speech from the Throne.

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Cannabis regulations to support the coming into force of the Cannabis Act

In regards to cannabis in the workplace, employers are recommended to respond by proactively having appropriate policies and procedures in place, and training employees on these policies and procedures. Much will change in the coming months as cannabis becomes legal in Canada. Employers need to be prepared.

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HRTO: Terminating benefit plans for employees 65 and over is unconstitutional

Talos v Grand Erie District School Board involved an employee whose extended health, dental and life insurance benefits were terminated by his employer, Grand Erie District School Board, when he turned age 65, although he continued to work on a full-time basis.

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Differential treatment in pension and benefit plans based on date of hire now prohibited in Québec (or is it really?)

health-benefits

There is no question that Bill 176, An Act to amend the Act respecting labour standards, removes some flexibility in plan design going forward. That being said, there are still ways to structure plan design changes that will achieve the employer’s objectives without running afoul of the prohibition under Bill 176

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A discussion on performance improvement plans

If an employee has performance issues, and the employer is committed to providing the employee with the opportunity to correct poor performance before terminating their employment, the employer should use a performance improvement plan or PIP to identify in writing such performance issues and make a plan to fix them.

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