First Reference Talks

Business, Payroll, Employment Law, Internal Controls & You!

  • Home
  • About
  • Contact Us
  • Free Updates

Archive for February, 2011

Organization fined for violating OHSA after a worker was injured

Friday, February 25th, 2011

The Ontario Ministry of Labour recently emailed their latest Court Bulletin indicating that a company that makes plastic auto parts received a hefty fine of $50,000 for violating the Occupational Health and Safety Act after a worker was injured.

Read the rest of this post »

Tags: Court Bulletin, employment law, health and safety policy, Health and safety violations, hefty fine, injured workers, investigation, lift-truck operator, Ministry of Labour, OHSA, ontario, Policy and procedure, Provincial Offences Act, vicitm fine surcharge, workplace hazards
Posted in Health and Safety, Human Resources | Make a Comment »

First damage award in PIPEDA case

Thursday, February 24th, 2011

Here’s something readers might want to know about: the Federal Court has awarded damages in a case based on the Personal Information Protection and Electronic Documents Act. Why is that special? Well, it’s the first damages award in the 10-year history of the Act.

Read the rest of this post »

Tags: damage award, document recording and retention obligations, document retention policies, employment law, FAPP, Federal Court, Finance and Accounting PolicyPro, Human Resources PolicyPro, information management, Information Technology PolicyPro, ITPP, maintaining accurate information, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, The Human Resources Advisor
Posted in Human Resources, Privacy and Security | 2 Comments »

Call for a national accessibility action plan to meet obligations to people with disabilities

Wednesday, February 23rd, 2011

For years I have followed the work of advocacy groups in order to understand the needs of people with disabilities. One issue stands out among the research: the removal and prevention of barriers is vital to provide equal access to daily living. Two recognizable advocacy groups are asking the federal government to get on with a plan of action.

Read the rest of this post »

Tags: accessibility, Accessibility standards, AODA, Canadian Association for Community Living, Council of Canadians with Disabilities, Disability, Disability advocacy groups, employment law, human rights, National Action Plan, persons with disabilities, UN Convention on the Rights of Persons with Disabilities, United Nations, Working Paper on the UN Convention on the Rights of Persons with Disabilities
Posted in Accessibility Standards | 1 Comment »

The best lessons are not all learned in the classroom – the threat of the irate customer

Tuesday, February 22nd, 2011

As a workplace violence consultant and subject matter expert, I am well aware that irate customers pose a very real threat to front-line workers. It’s not very often that I am that irate customer.

Read the rest of this post »

Tags: consultant, employment law, irate customer, managing technology, security systems and devices, training, workplace conflicts, workplace resolutions, workplace violence
Posted in Health and Safety, Human Resources, Human Rights, Privacy and Security | Make a Comment »

Mitigating damages in a time of uncertainty

Friday, February 18th, 2011

The mitigation of damages has become a hot employment law issue. In this recent British Columbia case, the employee was entitled to damages for wrongful dismissal after the employer terminated her during the economic downturn. Although the employer argued that the employee failed to mitigate her damages when she did not accept the employer’s subsequent offer of re-employment, the Court found that the uncertainty of work and payment was such that the employee did not act unreasonably when she declined the job offer. Thus, the employee was entitled to 12 months’ termination notice.

Read the rest of this post »

Tags: alternative employment, attempts to find alternate employment, British Columbia, duty to mitigate, economic downturn, employment contract, employment law, Job offer, Mitigating damages, offer of re-employment, termination, termination notice, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

Family day across Canada

Friday, February 18th, 2011

All jurisdictions in Canada provide for a number of public (also called statutory or general holidays) holidays each year. Some are common to all jurisdictions; others are specific to individual provinces and territories. Family Day is a public holiday under provincial employment standards legislation, observed the third Monday in February every year in five jurisdictions in Canada.

Read the rest of this post »

Tags: employee handbook, employment law, Family day, general holiday, policy manual, Public Holiday, Statutory Holiday, Time off with pay, workplace policies
Posted in Employment Standards, Human Resources, Union Relations | Make a Comment »

Canadian government reduces immigration targets for parents and grandparents

Thursday, February 17th, 2011

On February 13, 2011, Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism announced that, in 2010, Canada welcomed the highest number of legal immigrants in more than 50 years (280,636 permanent residents). A day later, New Democrat immigration critic Olivia Chow stated during a press conference that information obtained under an Access to Information Act request revealed that the federal government intends to further reduce the immigration targets for parents and grandparents from 15,300 in 2010 to 11,000.

Read the rest of this post »

Tags: Citizenship, Citizenship and Immigration Canada, employment law, family sponsorships, Foreign workers, Immigration and Multiculturalism, workforce
Posted in Corporate Immigration, Human Resources | Make a Comment »

Dealing with the shareholder employee

Wednesday, February 16th, 2011

It is not uncommon in smaller family run or closely held businesses to have a situation where a key employee is also a significant shareholder in the business. However, this can create significant issues if the relationship with the employee changes, particularly if the relationship deteriorates. This is because such employees are subject not only to employment laws, but also can take advantage of shareholder protections.

Read the rest of this post »

Tags: employment contract, employment law, employment relationship, family run business, oppression remedy, shareholder protections, wrongful dismissal
Posted in Human Resources | Make a Comment »

The importance of first aid in the workplace

Tuesday, February 15th, 2011

Although all jurisdictions in Canada require workplaces to provide a first aid kit, first-aid attendant and training, many small to medium-sized businesses are still not complying with the law. Employers need to remember that many potential situations or medical emergencies can occur in the workplace that have the potential to cause injuries and fatalities.

Read the rest of this post »

Tags: accidents and injuries, employment law, first aid attendant, first aid in the workplace, first aid kit, first aid training, medical emergencies in the workplace, occupational health and safety, Workers’ Compensation Board
Posted in Health and Safety, Human Resources | 3 Comments »

Knowledge of disability triggers employer’s duty to accommodate

Friday, February 11th, 2011

A recent Ontario Human Rights Tribunal case offers a clear message to employees: you have to make your employer aware of a disability if you want to trigger the employer’s duty to accommodate.

Read the rest of this post »

Tags: accommodating an employee, depression, Disability, discrimination, duty to accommodate, employer's duty to accommodate, employment law, functional limitations, Ontario Human Rights Tribunal, performance review, poor performance, stress, termination related to performance
Posted in Human Resources, Human Rights | Make a Comment »

Obligations to disabled employees

Wednesday, February 9th, 2011

Dealing with disabled employees can be a vexing issue for most employers. A number of questions arise when an employee takes time off either temporarily or permanently due to a disability, whether physical or mental. These issues include:

Read the rest of this post »

Tags: Disability, Disability benefits, disability insurance, disabled employees, duty to accommodate, employment contract, employment law, reasonable notice, Supreme Court of Canada, terminations, wrongful dismissal, wrongful dismissal damages
Posted in Human Resources, Human Rights | Make a Comment »

Human rights and history

Tuesday, February 8th, 2011

During my training workshops on workplace discrimination, harassment and violence participants often express interest in the topic of “political correctness.”

Read the rest of this post »

Tags: employment law, harassment, history, Mark Twain, offensive word, political correctness, training workshops, violence, Workplace discrimination
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

Family status – a ground of discrimination just like any other

Friday, February 4th, 2011

Some recent cases make the message to employers very clear: employers cannot minimize or ignore requests for accommodation on the basis of family status. The requests must be treated in the same way as requests for accommodation based on any other protected ground in the human rights legislation.

Read the rest of this post »

Tags: accommodation, accommodation policy, Canadian Human Rights Tribunal, CNR, discrimination, duty to accommodate, employment law, family status, parental obligations, Relocation, termination, undue hardship, wilful or reckless conduct
Posted in Human Resources, Human Rights | Make a Comment »

Using social media in the workplace

Thursday, February 3rd, 2011

There has been a recent wave of headlines referencing incidents in which employees have been fired as a result of their online conduct, usually on Facebook or personal blogs. Human resources professionals seem to be struggling to deal with this relatively new issue effectively, and are often at a loss as to how to monitor and respond to employee online behaviour. What is often ignored, however, is how companies, and HR persons in particular, can use social media to their advantage.

Read the rest of this post »

Tags: Blogging, employee online behaviour, employment law, facebook, Human resources professionals, personal blogs, social media, social media in the workplace, use of social media in the context of hiring
Posted in Human Resources, Privacy and Security, Recruiting and Hiring | 2 Comments »

Alzheimer’s disease/dementia in the workplace

Wednesday, February 2nd, 2011

Alzheimer’s/dementia is becoming a nationwide epidemic and impacting the workforce more and more every day. “Alzheimer’s not only touches more and more lives every day but also impacts the workplace, especially as older people are postponing retirement and continuing to work into their 70s…”

Read the rest of this post »

Tags: Alzheimer, Alzheimer's Association, caregivers, dementia, discrimination, disease, diseases in the workplace, duty to accommodate, employee handbook, employment law, harassment, HR policy, older workers, policy manual, retirement, undue hardship
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

<< Previous

  • Get Free Updates

    RSS and Email

  • 2012 Annual Ontario Employment Law Conference

    2011 Canadian Law Blog Finalist

    2010 Canadian Law Blog Finalist

  • Categories

    • Accessibility Standards
      • Integrated Accessibility Regulation
      • Standard for Customer Service
      • Standard for Employment
      • Standard for Information and Communications
      • Standard for the Built Environment
      • Standard for Transportation
    • Announcements
    • Conferences
    • Human Resources
      • Corporate Immigration
      • Employee Relations
      • Employment Standards
      • Health and Safety
      • HR Analytics
      • HRMS
      • Human Rights
      • Privacy and Security
      • Recruiting and Hiring
      • Training and Development
      • Union Relations
    • Payroll
      • Benefits
      • Compensation
      • Source Deductions and Reporting
  • Recent Comments

      CommentChristina Catenacci:
      Thanks for your comment Troy. I have discussed this issue with many people...

      CommentTroy:
      And what about the passive smoke from SMOKERS? If someone who doesn’t smoke...

      CommentYosie Saint-Cyr:
      Hi Marcia, I participated in the program two years ago on behalf of FR… It...



  • First Reference:
    @firstreference

    Yosie Saint-Cyr:
    @yosie23

    Adam Gorley:
    @agorley

  • Like us on Facebook!



  • Links

    • First Reference
    • HR eSource
    • HRinfodesk
    • HRtrack
    • Human Resources Advisor
    • PolicyPro
  • Blogroll

    • Inside internal controls
    • All About Information
    • Chambers on the Profession
    • Corporate Governance
    • Corporate Governance & Risk Management Blog
    • Corporate Reporting to Stakeholders
    • Daniel A. Lublin Employment Law Blog
    • Doorey’s Workplace Law Blog
    • Employment & Human Rights Law in Canada
    • Human Right in the Workplace
    • International Corporate Governance
    • Leech Talks Risk
    • Marks on Governance
    • Osgoode Labour & Employment Law Society
    • SBH Lawyers blog
    • Slaw
    • Thoughts from a Management Lawyer
  • Post Archives

    • May 2012 (21)
    • April 2012 (26)
    • March 2012 (30)
    • February 2012 (26)
    • January 2012 (23)
    • December 2011 (25)
    • November 2011 (19)
    • October 2011 (19)
    • September 2011 (30)
    • August 2011 (21)
    • July 2011 (22)
    • June 2011 (30)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (23)
    • February 2011 (16)
    • January 2011 (21)
    • December 2010 (20)
    • November 2010 (17)
    • October 2010 (19)
    • September 2010 (22)
    • August 2010 (25)
    • July 2010 (20)
    • June 2010 (24)
    • May 2010 (28)
    • April 2010 (20)
    • March 2010 (19)
    • February 2010 (9)
    • January 2010 (11)
    • December 2009 (9)
    • November 2009 (11)
    • October 2009 (13)
    • September 2009 (9)
  • Questions?

    Email us:
    editor[at]firstreference.com

Copyright © 2012 - First Reference | Entries (RSS) | Comments (RSS) | Twitter | Facebook

WordPress theme designed by web design