March, 2010
Employee relations: Generational differences in the workplace
I recently read an article regarding a study about workplace expectations among the generations. The study suggests there are significant generational differences that exist in the workplace that impact workplace culture and employee relations.
Slaw: Labour mobility and the legal profession
The Agreement on Internal Trade mandates that any worker certified, licensed, registered or officially recognized in one province or territory, upon application, will be certified, licensed, registered or officially recognized for that same occupation by any other province or territory without the worker being required to undertake any material additional requirements, such as education, training, examination or assessments.
However, provinces and territories have the right to maintain specific occupational standards and can adopt exceptions to certification requirements based on legitimate objectives. The legal profession is one of the occupations that needs to be recognized among the provinces and territories, but is also one of the professions with exceptions to full labour mobility in Canada.
Read the whole article on Slaw.ca.
Collecting human rights-based data – yes you can!
The Ontario Human Rights Commission (OHRC) recently launched a new guide that provides information and advice on collecting human rights-based data in a wide variety of sectors across Ontario. The guide, Count me in!, aims to dispel fears of collecting human rights-based data, and provides a plain language, common-sense framework for collecting said data in a way that can build trust and encourage proactive solutions.
Retirement income system: Coast to coast consultations
Recently, questions and concerns have been raised about the adequacy of future retirement income for certain members of the Canadian population. These concerns have received particular attention in light of the global ecomonic downturn and other emerging issues, such as longer life expectancy, imminent baby boomer retirements, and declining private pension plan coverage.
Employees with disabilities – accommodation strategies (Part I)
Accommodating employees with disabilities to the point of undue hardship under human rights legislation can be a complicated task. It’s important to make sure the accommodation process goes smoothly and the employee can focus on working as efficiently as possible, but employers may not be sure about what kinds of questions to ask disabled employees in order to meet their needs.
Bill 168 – what do you think?
Bill 168 is intended to address concerns of workplace violence and harassment in the context of health and safety. It provides definitions of both workplace violence and workplace harassment, and then requires that organizations undertake a risk assessment, draft workplace violence and harassment policies, and develop programs to implement those policies. Furthermore, Bill 168 requires training and instruction of employees regarding the new policies and programs, and creates a positive obligation on the part of employers to take reasonable precautions for the protection of workers when the employer is aware that they may be exposed to domestic violence. Bill 168 also requires that employers provide personal information to employees regarding persons with a history of violent behaviour. Finally, Bill 168 expands the existing right to refuse work, so that it now applies where there is a risk of imminent danger due to workplace violence.
Does the Bill go far enough in addressing workplace violence? Too far? How do we reconcile the reporting obligations with privacy rights?
Mandatory retirement still a working issue for employers
A brief analysis of Nilsson v. UPEI, one of the most recent cases on mandatory retirement and human rights discrimination based on age.
Slaw: Employers obligated to report child porn found on their computer systems
In February 2009, I read an article by Dan Michaluk from Hicks Morley Hamilton Stewart Storie LLP on the passage of Ontario Bill 37, the Child Pornography Reporting Act, which will amend the Child and Family Services Act. This legislation will require Ontario organizations, among others, who find child pornography on their computer systems to report it to the authorities, or face serious penalties. However, to this date the Bill has not received proclamation to come into force.
Why am I thinking about this now?
Read the full article on Slaw.ca.
Employees need ergonomic awareness training also
The Occupational Health and Safety Act requires all employees to:
- Act in compliance with the law
- Use protective equipment and devices provided by their employer
- Report defects in equipment
- Report the existence of workplace hazards
Ergonomics training for employers
Ergonomics is the science of creating a proper fit between a worker and the work environment. Employers are required by law to employ ergonomic principles in the workplace in order to prevent workplace muscular skeletal disorders and also to prevent existing conditions from worsening.
Slaw: Another attempt to lay criminal charges in a workplace fatality
A recent case has tested Bill C-45, the amendment to the Criminal Code that attached criminal responsibility to an organization or corporation for negligence related to health and safety in the workplace, and broadened the range of individuals who are subject to charges under the Code. Since the enactment of Bill C-45 on March 31, 2004, charges have been laid in just four cases, and only one resulted in a conviction. As a result, many are wondering if the enforcement of such provisions is even possible.
Read the full article on Slaw.ca.
Reinstating employees after pregnancy leave
Employers might not be clear on what happens after a female employee returns from her pregnancy/maternity leave of absence. Does the employee have to be reinstated to the exact position once she returns to work? Is it acceptable to place the employee in a different yet similar position? What if that position does not exist any longer? What if the employee must be terminated for other reasons not having to do with the pregnancy?
Yosie now writing for Slaw.ca
This week at First Reference, we offered congratulations to Yosie for being selected to provide regular contributions to the Canadian law blog Slaw.ca, “a Canadian co-operative weblog about any and all things legal”. Now, besides her tireless efforts putting together the Human Resources Advisors, Human Resources PolicyPros, HRinfodesk and contributing to the First Reference blog, she will also offer her thoughts on employment law and related topics every Thursday on Slaw.
Assessing risk in the workplace
Occupational health and safety legislation across Canada requires employers to identify any existing or foreseeable hazards that might arise in the workplace, and to conduct an assessment of these various workplace hazards that employees might be exposed to, or that may arise from the nature of the workplace, and the type and conditions of the work…
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