April, 2012
Why it is never a good idea to dismiss an employee by email
A human resource person in one of the largest insurance company in the UK mistakenly fired 1,300 global employees in its investment unit by email. The email asked them to turn over their security credentials and company property on their way out and to remember their contractual obligation pertaining to confidential information. Oops! The email was only meant to go to one employee.
Employer paid no notice or severance when it terminated employee of 36 years without cause
The Ontario Superior Court of Justice just decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs award
April 28, Day of Mourning across Canada
On April 28 of each year, we honour workers who have lost their lives as a result of workplace injury or disease with the Day of Mourning.
Slaw: Privacy management guide aims to improve accountability
The privacy commissioners of Canada, Alberta and British Columbia have developed a guide to help organizations implement an effective privacy management program that meets private-sector privacy legislation and to provide consistent direction on what it means to be an accountable organization when dealing with individuals’ personal information…
Federal government to appeal prostitution ruling
On April 25, 2012, the Federal government announced that it will appeal the Ontario Court of Appeal decision that struck down Canada’s prostitution laws as unconstitutional, specifically the Criminal Code provisions prohibiting “keeping or using a common bawdy house” and the “living off the avails of prostitution” provision…
Can an employer argue cause when discovered after dismissal?
An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.
Hockey players and workplace health and safety
Hockey players get paid to be hit. The reverse is also true; many hockey players are paid to hit. For hockey players, violence is part of the job. This job has clearly been taken up a notch this year for the playoffs. Even Sid “the Kid” was renamed “Vicious Sid” in a recent headline.
We are not SHOUTING or SCREAMING! Font sizes and accessibility
Recently I sent an email in a medium-large font to someone who thought I was shouting. The reply I received was disturbing. The person was offended and read the information as if I was angry…
Video surveillance and the workplace – Part 2
A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…
Government of Canada will cancel federal skilled worker cases filed prior to 2008
Citizenship and Immigration Canada will close the files of federal skilled worker applicants who applied before February 27, 2008, and for whom an immigration officer has not already made a decision based on the applicable selection criteria by March 29, 2012. This proposed legislation is expected to affect about 280,000 applicants, including their dependants.
CIC announces language testing requirements for certain PNP applicants
On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada’s Provincial Nominee Programs (PNPs). As of July 1, 2012, most PNP applicants for semi-skilled and low-skilled professions will have to undergo mandatory language testing of their listening, speaking, reading and writing abilities and meet a minimum standard across all four of these categories before they can qualify for a nomination certificate.
Quebec Ministry of Immigration will restrict certificate of selection applicants
On March 20, 2012, the Quebec Minister of Finance presented his 2012–13 budget, including an omnibus bill containing modifications to Quebec’s immigration program. Although it is a proposed bill, once enacted the immigration provisions will be retroactive to March 20, 2012. Therefore, these changes should be treated as if they are already in force. The proposed bill will establish caps on the number of Quebec immigration applicants that may be accepted between March 21, 2012, and March 31, 2013.
Health and safety training tool kit for immigrants
A few years ago, the Institute for Work and Health decided to look for health and safety resources for recent immigrants. When it didn’t have much luck, the institute took the initiative to develop its own comprehensive tool kit. While the package is designed for immigrant settlement agencies to use in their orientation programs, organizations that employ immigrants should find it contains much valuable information that they can use in their own training efforts…
Banning the right to wear a cross at work
An interesting human rights case is making its way to the European Court of Human Rights, where the British government is set to defend the right of employers to ban employees from wearing the cross at work as it is not a “requirement” of the Christian faith.
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