April, 2010
A very expensive case of bad-faith termination and sick pay fraud
I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…
Simon Cowell in HR?
I recently read in HRmagazine.co.uk that 82 percent of survey respondents said they thought the Britain’s Got Talent and American Idol judge, Simon Cowelll, would be perfect for a career in human resources…
What exactly constitutes a ‘disability’? (Part III)
What exactly constitutes a “disability” under human rights legislation?
Slaw: Can Quebec Bill 94 withstand any Charter challenge?
While Canada perceives it’s role as one of accommodating all forms of religious expression in a neutral manner, Quebec has decided to apply a more restrictive and formally secular approach. At a general level, this means the official separation of church and state. However, this proposed policy of secularity (bill 94) clashes with the religious traditions of many recent immigrants to Canada. To summarize, Bill 94 would require anyone providing or receiving government services to do so with their face uncovered for reasons of identification, security and communication. This includes services from hospitals, schools, universities, and daycare centres that receive provincial funding.
Read the full article on Slaw.ca.
First Reference Talks… on your phone!
We recently added another way that our readers can access content on the First Reference blog: we’ve optimized it for smartphones and some other portable devices. If you have a Blackberry Storm, an Apple iPhone or iPod Touch, a Palm Pre, an HTC Dream or Cupcake, or a Sanyo Incognito, or a phone that runs on Android or WebOS, you can experience our content in an easy-to-read and easy-to-access format that should load more quickly than ever.
Court of Appeal rules on evidence of failure to mitigate
Advancing a defence of failure to mitigate in a wrongful dismissal claim requires evidence that…
Young and new workers focus of four-month enforcement blitz
The Ministry of Labour has announced that the safety of young and new workers will be the focus of a four-month enforcement health and safety blitz across Ontario beginning in May 2010. According to the government, young and new workers in Ontario are four times more likely to be injured during the first month of employment than at any other time.
EI will rise by a lot!
Several media outlets have reported that Canada’s Parliamentary Budget Officer announced a sharp rise in employment insurance rate. This stems from the recently tabled report: Projecting Employment Insurance Premium Revenues and Expenses made available on April 15, 2010…
Alberta tries again to ban the use of cellphones while driving
The reliance on cellphones has led to an increase in talking on a cellphone while driving. Statistics show that driving while talking or texting on a cellphone is leading to driver distractions that cause car accidents. That’s why, on April 14, 2010, the Alberta government introduced…
Employee expense fraud
Employee fraud is on the rise, as organizations cut back on staff, and their internal controls slacken as a result. However, the monetary loss is just the beginning of the problem. A recent white paper from Grant Thornton LLP notes that, “Failure to crack down on this unethical—and indeed criminal—behaviour blurs the line between right and wrong. It creates a culture of entitlement that can extend across the business. And it can open the door to more significant corporate theft.”
Terminating an employee with a disability (Part II)
Is it possible to terminate an employee who suffers from a disability and not commit a human rights violation? I recently read a case that made it clear that employers can do so when there is a justifiable reason to terminate not involving the disability, or after all efforts to accommodate the employee have been exhausted. But employers must be able to show this with evidence.
Join us at the 11th Annual Employment Law Conference
Join us at the 11th Annual, Ontario Employment Law Conference, on June 2, 2010 at the Pearson Convention Center, Brampton…
Slaw: Canadian Human Rights Commission’s controversial ‘anti-hate’ policy
The Canadian Human Rights Commission recently posted a policy on its website concerning how it interprets and applies section 13 of the Canadian Human Rights Act (CHRA) when it receives an inquiry or complaint. The purpose of section 13 of the Act is to balance Canadians’ rights to equality and freedom of expression with respect to hate messages, as protected by the Canadian Charter of Rights and Freedoms. The parliamentary record indicates that section 13 was initially included in the legislation to address activities of individuals and groups who used the telephone system to disseminate hate messages. In December 2001, parliament amended the CHRA by adding section 13(2), which makes it clear that Internet hate messages come under the jurisdiction of the commission.
Read the whole article on Slaw.ca.
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