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2014

Top 10 most read First Reference Talks posts published in 2014 and Season’s Greetings

The field of employment law, payroll and human resources kept our bloggers very busy in 2014. However, the holidays are here and it is time to take a well deserved break. We are signing off for 2014 with a list of the top 10 most read posts published in 2014. The issue of providing a doctor’s note and duty to accommodate seem to have been hot topics this year with several blog posts on the topics making it on the list.

 

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The cost of racial stereotyping: Adams v. Knoll North America

Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. On October 31, 2008 the applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on race. The respondents, Knoll, denied the allegations.

 

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Public holiday reminders for the 2014-15 holiday season

The holiday season is often the happiest time of the year, because of time spent with family, gifts and many other things. However, it can also be the most stressful time of the year, especially at work. Deadlines are often tight because of shifting schedules, customers and workloads can be more demanding, and there may be pressure to increase performance to meet end-of-year business goals. Family demands, travel and employment standards public holiday (statutory holiday/general holiday) requirements can also take a toll. Management should not forget what employees are entitled to, and their responsibilities, under the law regarding time off during the holidays. Here is a brief summary

 

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Partnering with an external workforce analytics provider – Three ways this can help you do more in 2015

I attended a webinar last week and wanted to share some best practices aimed at mid-sized organizations in accelerating capabilities in workforce analytics.

 

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2014 Employment law round up – Top five cases/trends/stories

With 2015 just around the corner, it is useful to reflect on the year that has just past and is coming to a close. 2014 had a number of significant employment law developments and below we have…

 

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Swing N Scaff Inc. and company director fined a total of $400,000 in deaths of four workers

Last January, I wrote about fatalities at work, and in particular, the Metron Construction and Swartz decisions. Since then, there has been some developments.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with sick-leave benefits; failing to reasonably protect employees; and, employee duty of care.

 

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When can employers draw the line? The duty to accommodate and undue hardship

In Perron v Revera Long Term Care Inc., the Human Rights Tribunal held that an employer’s duty to accommodate does not include a duty to create a new position, fundamentally change working conditions, assign the essential duties of an employee with a disability to other employees or to hire another employee to perform them in the employee’s place.

 

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Good grief: How to respond to frivolous human rights claims

Human rights protections are among the most important in law. Being constitutional or quasi-constitutional in nature (depending on the context), most employers and service providers rightly pay close attention to their obligations with respect to avoiding instances of discrimination. However, sometimes no matter how good your people or process, a frivolous human rights complaint may come to visit your business.

 

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Twitter terminations: Sexist tweets found to constitute just cause for termination

Since the beginning of time, employees have privately complained about work and made inappropriate comments to friends and family. Today, however, this venting is happening over the Internet. The internet has major reach and many employees, including professors, sports figures, comedians and writers, have already been terminated because of their Facebook and Twitter activity.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the 2015 TD1 Ontario Personal Tax Credits Return; a case dealing with a physical altercation between employees; and when an ESA decision just isn’t enough.

 

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CIC Issues ministerial instructions relating to express entry

On December 1, 2014, Citizenship and Immigration Canada published Ministerial Instructions relating to its proposed Express Entry System. Express Entry will come into effect on January 1, 2015, at 12:00 noon EST, and will apply to: (1) the Federal Skilled Worker class, (2) the Canadian Experience Class, (3) the Federal Skilled Trades Class, and (4) the Express Entry Stream of a Provincial Nominee Program.

 

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Human Rights principles and accessibility

This is a great post on this International Human Rights Day. The principles that guide accessibility can be found in a few human rights mechanisms that structure the responsibility to make adjustments of law and policy to allow for equal participation of persons with disabilities.

 

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Avoid workplace holiday horror stories

Here are a few suggestions on how to keep the busy holiday season a safe and enjoyable one at your workplace.

 

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