March, 2011
Individual privacy in the workplace – a case precedent
On March 22, 2011, the Ontario Court of Appeal rendered a significant judgment concerning the protection of privacy in the workplace. Specifically, the Court determined that an employee had an expectation of privacy when using a laptop made available by the employer on which he was allowed to retain personal information.
Misconduct amounted to just cause but did not disallow termination notice
A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.
Slaw: AODA era part III: Information and communication standard
There are specific requirements for each of the Proposed Integrated Accessibility Regulation (PIAR) standards. This post will focus on the specific requirements under the AODA Information and Communication Standard.
Should employers be involved in helping employees deal with obesity?
Is it an invasion of privacy for employers to get involved in the process of helping employees lose extra weight so they can be healthier? Should it be mandatory for employers from a health and safety perspective to require some type of fitness and nutrition management program in the workplace? Could an increase in education regarding fitness and nutrition lead to improved employee health and consequently improved productivity in the workplace? Could the pressure to lose weight affect employees’ self-esteem in a negative way? Is it unfair for employers to put pressure on employees to lose weight? Is it discriminatory under human rights legislation to require someone to increase their general health?
What’s an Anton Piller order? You’d better know before you face one
Picture the following situation: it’s a normal workday, when suddenly, a large group of people enter your premises. Many of them are wearing uniforms of the Sheriff’s Office. They are led by a lawyer who claims he has an order from the court that allows his party to search your premises and copy and remove any documents they wish. The order from the court he presents to you appears legitimate. What do you do?
Workplace human rights: Is this sexual harassment?
I am a workplace human rights trainer and I learn of some important real-life scenarios from my workshop participants. I am often asked to provide expert feedback. The following are two very interesting workplace human rights scenarios—I have changed the names of those involved:
Slaw: New Canadian regulator for immigration consultants
On March 18, 2011, the Governor in Council announced that the Immigration Consultants of Canada Regulatory Council (ICCRC) has been proposed as the new regulator for immigration consultants in Canada.
Bookkeeper goes to jail for eight years after defrauding employer
The British Columbia Court of Appeal recently upheld a lengthy prison sentence for a bookkeeper who defrauded her employer of over $700,000.
Slaw: AODA era part II: What’s up next? The proposed integrated accessibility regulation
The Information and Communication, Employment and Transportation Standards have all been combined in the Proposed Integrated Accessibility Regulation (PIAR). This proposed regulation is currently under public review till March 18, 2011. Proposed compliance timelines are included. I was told by a source close to the ministry that the final version of the Integrated Accessibility Regulation will…
Export control attestations now appear on new form U.S. I-129
HR Professionals who deal with United States immigration matters may be aware that the latest version of Form I-129 now includes an export control attestation; this export control attestation became effective on February 20, 2011. As of that date, employers seeking to petition H-1B, H-1B1, L-1 or O-1A (O-1A includes extraordinary ability in the sciences, arts, education, business, or athletics) workers must now answer the attestation. Unfortunately, determining the applicability of U.S. export restrictions can be a complicated task and may require a legal opinion from a lawyer who has experience in this area.
Do you track any human resources metrics?
Back in the heady days of summer 2010, our sister publication HRinfodesk began a series of polls on human resources management systems (HRMS) and metrics. In July, about one-third of respondents said they already use an HRMS and just over one in ten said they were considering it. In August, one-third of HRMS users said it makes their jobs easier, while the rest said the system offered no improvement or actually made things more difficult.
AODA: Common misconceptions about proposed accessible built environment standard
It has been brought to my attention that there are some common misconceptions about the final proposed built environment standard under the AODA. This post is intended to clarify a few of these misunderstandings.
New policy regarding sexual and gender-based harassment
On March 8, 2011, just in time for International Women’s Day, the Ontario Human Rights Commission released a new policy regarding sexual and gender-based harassment. It has been noted that although great strides have been made for women in the past hundred years, there is still a long way to go to eliminate the barriers women face. The new policy deals mainly with sexual harassment in employment, housing and education.
Slaw: The AODA era part I: The accessibility standard for customer service, how much time do I have?
The AODA customer service standard outlines what businesses and other organizations in Ontario must do to make their goods and services more accessible to people with disabilities by January 1, 2012. Every person or organization that provides goods and services to members of the public or other third parties, and has at least one employee in Ontario, must comply.
The Charlie Sheen treatment: is workplace addiction a laughing matter?
You might have seen something on the news or online recently about Charlie Sheen, or maybe one of your co-workers or friends mentioned some of the outlandish things Sheen has said in interviews recently. You might have thought, “Charlie Sheen? He’s still around?” Or maybe you know his hit sitcom, Two and a Half Men, so you know he hasn’t faded away into obscurity. At any rate, you might have been surprised that by his own admission he had done and was continuing to do the amount and kinds of drugs that only celebrities can do and continue to live.
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