The holidays are upon us and it is time to take a well deserved break. Please note that we will not be blogging during the holiday season from Thursday December 24, 2015, to Friday January 1, 2016, inclusive. Our bloggers will resume sharing with you, their expertise and interesting developments in the world of HR, employment law, privacy, accessibility and payroll on Monday January 4, 2016…
Does your company do an annual Christmas bonus or appreciation? Has it been going on for a long time? Do employees expect it? Feel entitled to it? At some point an annual Christmas bonus becomes an employee entitlement. They begin to feel they deserve or are entitled to it. The same can be said for seniority awards.
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:
In the recent decision, the Ontario Human Rights Tribunal (“OHRT”) addressed the issue of when it would be reasonable for an employer to request an Independent Medical Exam (“IME”) from an employee during the accommodation process. The OHRT ruled that an employer request for an IME will be justified when it was “reasonable” in the circumstances of creating an individualized accommodation plan.
On December 10, 2015, the Privacy Commissioner of Canada released an annual report to Parliament highlighting a result of an audit of the government’s management of portable storage devices and reported data breaches.
Three popular articles this week on HRinfodesk deal with 2016 payroll rates; employer dress code; and 2016 TD1 Ontario Personal Tax Credits Return.
The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.
When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp (Cloutier), 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.
In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, in accordance with his employment contract, when he refused to provide Money Mart with a full and final release after his termination.
Recent court decisions changed how the law applies to employment contracts, most importantly terminations, but also off-duty conduct, consideration and restrictive covenants. Important lessons from the changes are that employers need to review their employment contracts, you can update them or change their terms while complying with the law, and failing to do so can damage your organization’s finances and reputation.
Three popular articles this week on HRinfodesk deal with 2016 payroll rates; employee’s cellphone records; and, terminating an employee on medical leave.