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Archive for January, 2010

Now is the time to arrange training

Friday, January 29th, 2010

I have been busy at the HRPA Annual Conference and Tradeshow this week where I had the pleasure of presenting, “Protecting Your Organization from the Workplace Bully.” I can report that, based on the buzz among HR Professionals and decision makers I have talked to, employers are really aware of their obligations and challenges under the amended Occupational Health & Safety Act. Employers, for the most part, also have a renewed interest in reaching up and pulling down from the shelf, those plans for training in the areas of harassment prevention!

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Tags: Bill 168 violence, harassment, harassment training, health and safety, HRPA 2010, human rights, occupational health and safety, ontario, training, workplace harassment, workplace training, workplace violence
Posted in Health and Safety, Human Resources | Make a Comment »

Don’t underestimate conflicts that arise from harassment

Friday, January 29th, 2010

One other session I attended at the 2010 Ontario HRPA conference was Andrew Lawson’s on Protecting your organization from the workplace bully. He made a couple of good points on the topic of workplace harassment that I would like to share with you.

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Tags: Andrew Lawson, Bill 168, bully, bullying, canadian employment law, harassment, harassment in the workplace, health and safety, HR issues, HRPA, Human Resources, occupational health and safety, Ontario Occupational Health and Safety Act, privacy legislation, privacy rights, workplace conflicts, workplace harassment
Posted in Health and Safety, Human Resources | 4 Comments »

Clarification on Ontario Bill 168

Thursday, January 28th, 2010

On January 27, 2010, I attended the HRPA annual conference. I was most interested on the session titled, Violence in the Workplace: An Update on Bill 168 from the Ministry of Labour. I needed some clarification on possible exemptions to the new violence and harassment prevention law and the application of certain measures in the bill.

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Tags: Bill 168, Bill 168 violence, disclosure of personal information, disclosure of persons with a history of violence, domestic violence, harassment policy, ontario, Ontario Ministry of Labour, Ontario Occupational Health and Safety Act, violence in the workplace, violence policy, workplace harassment, workplace violence, workplace violence and harassment
Posted in Health and Safety, Human Resources | 6 Comments »

Disclosing persons with a history of violence

Wednesday, January 27th, 2010

The Ontario Occupational Health and safety Act violence and harassment prevention provisions (Bill 168) require employers to provide information, including personal information, about a person with a history of violent behaviour if:

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Tags: Bill 168, Bill 168 violence, disclosure of personal information, disclosure of persons with a history of violence, human rights, OH&S, OHSA, Ontario Human Rights Code, Ontario Occupational Health and Safety Act, personal information, privacy legislation, privacy rights, private sector privacy legislation
Posted in Health and Safety, Human Resources | Make a Comment »

An aging workforce: the legal issues (Part I)

Monday, January 25th, 2010

The impact of the aging workforce is being felt globally in the economy and is directly affecting businesses. Unprecedented issues have arisen, such as labour shortages, greater health care needs for the elderly, and decreased private and public investments with fewer people contributing as the baby boom generation retires. In addition, the issues of older workers and eldercare have come to the forefront as demographic trends continue to show declining fertility rates and a steady increase in life expectancy.

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Tags: age discrimination, age discrimination claim, age discrimination complaint, aging workforce, bona fide requirement, canadian employment law, canadian human rights law, downsizing, employment discrimination, employment law, human rights law, human rights legislation, selection process
Posted in Human Resources, Human Rights | Make a Comment »

The importance of notice and manner of dismissal

Friday, January 22nd, 2010

I recently read an Alberta case where a financial consultant, a top performer, was terminated without notice. The court found he was wrongfully dismissed and terminated in an insensitive manner; this error in judgment cost the employer $2.2 million in damages.

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Tags: Alberta, Alberta employment standards act, canadian employment law, common law notice, employment standards act, manner of dismissal, reasonable notice, respectful termination, sensitive termination, severance, statutory notice, termination notice, termination without cause, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Transition period for Bill 168 means: time to act

Wednesday, January 20th, 2010

Ontario employers take heed, the six-month transition period provided by the government before amendments to Ontario’s Occupational Health and Safety Act (Bill 168) come into force allow you time to prepare and be in compliance. This means implementing the new rules and measures required by law on or before June 15, 2010.

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Tags: Bill 168 violence, harassment, occupational health and safety, ontario, Ontario Occupational Health and Safety Act, violence, workplace harassment, workplace prevention plan, workplace prevention program, workplace violence
Posted in Health and Safety, Human Resources | 3 Comments »

Refusing work if workplace violence is likely to endanger

Tuesday, January 19th, 2010

What do you do when an employee tells you she’s refusing to work because she fears she’ll suffer from an act of violence at the workplace? You might ask: can the worker even do that? With workplace violence and harassment legislation and regulation spreading across Canada, you might just need to know.

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Tags: Bill 168, discipline, occupational health and safety, Ontario Occupational Health and Safety Act, privacy, right to refuse work, work refusal, workplace harassment, workplace policies, workplace violence
Posted in Health and Safety, Human Resources | 2 Comments »

Gearing up for the annual performance review

Friday, January 15th, 2010

It’s the beginning of the year and employers are gearing up for annual employee performance reviews. Although employment standards legislation is silent on the topic, there are some principles that have come out of the common law that are important for employers to know.

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Tags: annual performance reviews, appraisals, canadian employment law, employer feedback, performance management, performance reviews
Posted in Compensation, Employee Relations, Human Resources, Payroll | 4 Comments »

Why all the fuss about workplace bullying?

Tuesday, January 12th, 2010

In 1988 a man applied for Worker’s Compensation due to the stress of being teased, at work, about his appearance. His claim was denied. Almost 20 years later another man made a similar claim, a claim that was allowed; Worker’s comp paid up. Change was on the horizon.

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Tags: Bill 168, bully, bullying, canadian employment law, harassment, harassment policy, health and safety, human rights, policies and procedures, workplace violence
Posted in Health and Safety, Human Resources | 3 Comments »

Addressing domestic violence in the workplace – some insights

Monday, January 11th, 2010

The Ontario Occupational Health and Safety Act violence and harassment prevention provisions (Bill 168) require an employer to take all reasonable precautions in the circumstances for the protection of all employees if a domestic violence situation is likely to expose a worker to physical injury in the workplace and the employer becomes aware or ought reasonably to be aware of the situation.

But what does that imply? The law states the requirement but provides little guidance on what employers need to do to prevent domestic violence from spilling into the workplace. In addition, many employers are not comfortable addressing a situation of such a personal nature. It is not an easy task to complete and might never be.

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Tags: canadian employment law, domestic violence, domestic violence and the workplace, domestic violence at work, employment law, health and safety, health and safety policy, occupational health and safety, ontario, policy and procedures
Posted in Health and Safety, Human Resources | 4 Comments »

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