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Integrate and elevate your HR functions for business and people success


Business integration of the HR function occurs fully when the talent management system, including performance management, succession planning, competency management, systems integration, employee engagement, corporate culture, change management and leadership development is able to successfully align the development of the people in its system to meet business performance objectives. People operations and processes are designed to empower people to achieve development and organizational goals.

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OHRC’s Policy on discrimination and language: Arnold v. Stream Global Services

gavel on white background

As per the OHRC’s Policy on Discrimination and Language, although the Human Rights Code does not explicitly identify “language” as a prohibited ground of discrimination, the Human Rights Tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. The 2010 matter of Arnold v. Stream Global Services offers an explicit interpretation of this policy.

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Should human resources be waiting for a seat at the table or setting the table?


Ever since I entered the Human Resources (HR) profession, even in graduate school, there has been dialogue around what HR needs to do in order to get a seat at the table. This dialogue seems to have picked up even more steam in recent years and much of the growth in HR research has been focused on finding a way for HR to get that seat at the table through proving its legitimacy and its value. My view is that HR should, instead of trying to fit in or get a seat at an existing table, focus on agenda setting.

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HR metrics: A data driven look at sales teams


All of this got me thinking about the ways in which analytics can guide and drive the building out and scaling of a highly effective sales capability. With this in mind, I put together some thoughts on the inputs and decisions needed to gain a 360 degree view on your sales talent, broken into three components—Company Context, Candidate Profile & Recruitment, and Development, Support & Motivation.

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Discretion is the better part of bonus plans – Limiting employee entitlement to post-termination bonus payments


Employees who are terminated without notice can sue employers for the total compensation, including bonus payments, which they would have otherwise received during the notice period if reasonable notice had been given.

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Three popular articles this week on HRinfodesk


The three popular articles this week on HRinfodesk deal with: The introduction of Bill C-26 to enhance CPP; head injuries and the related consequences of an employee not reporting such injury as soon as it happens; and a case that addresses workplace investigations and the violation of procedural fairness.

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Quid pro quo: Barring U.S. citizens from Canada for DUI offenses


Last month, the Canadian media reported on several instances of Canadian citizens being barred from the United States because they admitted to smoking marijuana, even if they had never been charged with or convicted of controlled substance possession. Canadian Public Safety Minister Ralph Goodale described the banning of Canadians as a “ridiculous situation” that needed to be addressed. However, in order to examine this issue in the proper context, we should consider how the Government of Canada treats United States citizens who seek entry into our country.

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Wrongful resignation: Revisiting the employee obligation to provide reasonable notice


The outcome in the following case is another example of why employers should think twice prior to launching wrongful resignation claims.

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How cold is too cold?


As we say goodbye to the warm, sunny weather we don’t have much time to prepare ourselves for the harsh Ontario winter that is about to come. For some workers, seasonal work doesn’t only mean for the warm months. Many labourers are required to work outdoors in cold environments; anyone working in the cold environment may be at risk of cold stress.

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Refusing a 50 km commute not a failure to mitigate


In wrongful dismissal litigation, one of the key issues is always the dismissed employee’s duty to mitigate. When an employee is terminated or constructively dismissed, he or she has a positive obligation to minimize his or her damages by seeking out comparable, alternate employment. Anything the employee earns in the common law notice period is subtracted from what the company owes. An issue that often arises is whether or not it was reasonable for an employee to refuse exploring a potential new job because of the length of the commute.

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Why bother with employment contracts?

Employment Contact being signed by the employee

I had a client recently ask why he would bother going through the cost and efforts of doing up an employment contract, if he was going to have to fight with ex–employees’ lawyers and pay out a package in a without cause situation anyway. Good question.

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Three popular articles this week on HRinfodesk


The three popular articles this week on HRinfodesk deal with: The Federal government`s introduction of legislation for a stronger Canada Pension Plan and a more secure retirement for Canadians; a case where the Ontario Labour Relations Board had to decide whether a worker was an employee, and not an independent contractor, as under the Employment Standards Act, 2000; employer compensation budgets for 2017.

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Ontario judge strikes down yet another termination clause


Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that effect. The purpose of this clause is to take away the employee’s right to common law “reasonable” notice of termination. In 2000 an Ontario Superior Court judge concluded that this kind of language meant that an employer was only required to provide the employee with the minimum notice of termination stipulated in the ESA. Advantage employers.

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Defending a lawsuit is not the new black, or: If you stick your head in the sand for six years, the most likely outcome is suffocation

Workplace harassment

You have probably heard about the recent allegations of sexual assault against a WestJet pilot, and how WestJet failed to properly handle the allegation. Here is a quick summary: a former WestJet flight attendant, Mandalena Lewis, has filed a claim in the B.C. Supreme Court alleging that, after she reported that she was sexually assaulted on a layover in Hawaii in 2010, WestJet did not properly investigate the allegation. In fact, they chose to protect the pilot and eventually fired her for pursuing the matter.

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Thanksgiving Day in Canada: Monday, October 10


In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 10th.

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