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2012

Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with end of the year 2012 and what’s new for payroll 2013, a pension plan member passes away with two spouses, and a breach of confidentiality in a settlement agreement.

 

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‘Tis the season to have an office holiday party

The holiday season is upon us! Lights are being strung on houses, trees are going up in family rooms and the snow is beginning to stick to the ground. For most people, this time of year is all about shopping, cooking and baking and hosting in-laws over the holidays, however for employers another thing is probably on your mind; the office holiday party.

 

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Slaw: Amending the Charter of the French Language and other laws

The preamble of the Charter of the French language makes it clear that everyone has the right to live and work using the French language, and that it is the official language of Quebec in government, law, work, education, commerce and business. This preamble is now elaborated to acknowledge that,

 

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Notice of dismissal must be clear, specific, and unequivocal

Two recent cases have confirmed a long-standing principle: in order to be effective, notice of dismissal must be clear, specific and unequivocal. Among other things, a definite terminate date must be specified. Otherwise, in most cases, the “notice” will not be effective, and the employer will be on the hook for additional notice or pay in lieu thereof.

 

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Thinking of vacation? You’re not alone

Thinking of vacation? You’re not alone. Both Expedia and Mercer consultants recently published studies shedding light on employees’ views on vacation time.

 

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Three most outstanding Canadian law blogs of 2012

On December 3, 2012, the 7th annual Canadian Law Blog Awards (a.k.a. the Clawbies) started receiving nominations for the best outstanding Canadian law blogs for 2012. Closing date to submit your choices is Thursday December 27th, with the winners being announced on New Year’s Eve here.

 

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Refreshing statement on employers’ OHS due diligence obligations

As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.

 

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Deciding whether to offer a paid leave, there are many considerations

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Employees’ personal lives seem to interfere with their working lives significantly (many of us might say it’s the other way around!). Employees are facing increased responsibility outside the workplace, whether to children, aging parents, military service or many other pressures of their personal lives.

 

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Slaw: Saskatchewan employer successful in enforcing non-compete clause

The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with proposed amendments to the Canada Labour Code, a vacation deprivation study, and a termination case based on the language of an employment contract..

 

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Ontario Human Rights Commission to update its policy on creed and religious observances

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The Ontario Human Rights Commission issued a release recently to notify the public about an upcoming update to its policy on creed and accommodation of religious observances. The policy was created 15 years ago and is now due to be reviewed and amended to reflect the current demographics in Ontario. Public feedback is being collected to inform the new policy – yes, this means you.

 

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Employers ask: what conduct by an employee constitutes cause for dismissal

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I am frequently asked by employer clients to describe what type of conduct by an employee will be held by the courts to qualify as cause for dismissal. Employers are often frustrated by the answer they receive – that it seems that nothing less than stealing money from the company will suffice. In the case of long time employees without prior instances of misconduct, theft may still be insufficient. A recent decision of the Ontario Superior Court has fortunately clarified the circumstances in which courts will find cause for dismissal as a result of dishonesty. What is striking about the decision is the reliance of the judge on a seemingly insignificant act committed by a nineteen year employee.

 

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Implicit bias in the workplace studies: The HR implications

We like to think we are all fair and objective. However, implicit bias is apparent in everyone, regardless of if you accept it or not. An Implicit Association Test by Project Implicit at Harvard Universityreminds us that while people don’t often speak their minds, we might actually not even know our minds. Are we purposely hiding something from others, or are we implicitly hiding something from ourselves? When it comes to strategic recruitment, implicit bias plays a big role. There have been countless implicit bias studies done in the field of recruitment and human resource development. Let’s take a look at a few standouts.

 

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Canada’s top 100 employers for 2013

Just this past month, the acclaimed Canada’s Top 100 Employers for 2013 list was released and an editorial was featured in the Globe and Mail. (You can see the full list here) Among the ranks were 3M Canada Co., Deeley Harley-Davidson Canada, Loblaws Cos. Ltd., and Winnipeg Airports Authority Inc. The list is diverse, awarding honours to a mixed bag of firms, from Technip Canada Ltd (124 employees) to Toronto-Dominion Bank (43, 850 employees). While the nature and size vary significantly, one factor remains constant across every organization: employee engagement. Human resource development is at the core of every listed organization’s values, and for good reason; human capital is considered their greatest asset.

 

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How to apply public (statutory) holidays on a non-working day

In general, under Employment/Labour Standards legislation, when public (statutory) holidays fall on non-working days, the employer must provide a substituted day off, which is another working day off work designated to replace a public holiday. Employees are entitled to be paid public holiday pay or an average day’s pay or regular pay for a substituted holiday depending on the province or territory of employment. However, many jurisdictions have public holiday provisions different from this general rule.

 

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