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News and Discussions on Payroll, HR & Employment Law

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2016

Top 10 most read First Reference Talks posts 2016 & Season’s Greetings

2016 Top 10 First Reference Talks

We are signing off with a list of the top 10 most read First Reference Talks posts 2016. Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read First Reference Talks posts […]

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work; an FAQ that addresses employee privacy; and changes to the express entry program which came into force on November 10, 2016.

 

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Communicating bonus preconditions to employees

In the last few months, there has been an influx of commentary on the enforceability of contractual provisions purporting to limit an employee’s bonus entitlements upon termination. Following the Ontario Court of Appeal’s seminal decisions in Paquette v. TeraGo Networks Inc. and Lin v. Ontario Teachers’ Pension Plan, much of this commentary has focused on the language needed to oust an employee’s implied right to their complete compensation package during the reasonable notice period. This focus on semantics has overshadowed one other consideration that remains instrumental to the enforceability of bonus provisions—the need to sufficiently communicate to employees the preconditions of bonus eligibility.

 

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Public holiday reminders for the 2016-17 holiday season

The holidays can either be considered the most relaxing time of year or the most stressful. It is a time where families and friends gather, gifts are exchanged, and countless desserts are indulged. However, leading to that point of unwinding can be stressful for many, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, employers should not neglect their responsibilities to employees under the law when it comes to time off during the holidays (i.e. statutory (public) holidays).

 

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Power your people analytics with storytelling

In our last post, we explored the value of visualizations in bringing workforce data to life and simplifying understanding. So what comes next once we have robust people data, deeper understanding, and great visualizations? It’s time to start using HR Analytics to share insight and drive decision making with executives and lines of business. What’s the best way to do this? It’s through storytelling. That’s right…good old–fashioned storytelling.

 

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Discrimination and a decision on remedies

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

 

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Is recruiting causing unemployment?

Recruiting has always been an element of HR that attracts a high level of interest, primarily because it is such a controversial aspect of HR. As a newly converted capitalist I think markets correct themselves unless there is an inherent flaw in the manner in which an element of the market is operating or some element of the market is being unduly interfered with or manipulated. I think the same applies to this problem. I don’t think talent is hard to find I think recruiting may be the problem. I think the way in which recruiting is done is what may really be driving unemployment.

 

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Temporary Resident Visa requirements lifted: Mexican citizens

As I previously reported, on June 28, 2016, Prime Minister Justin Trudeau formally announced that the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada would be eliminated as of December 1, 2016. Mexican citizens may now enter Canada without first obtaining a TRV from a Canadian embassy or consulate.

 

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Managing toxic employees in the workplace

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”

 

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Employees must give reasonable notice before quitting

While we often help employees who did not receive reasonable notice of termination from their employer, it is often forgotten that employees also owe a similar duty to provide notice to the employer before resigning. This common law duty was the subject of the recent case of Consbec Inc. v Walker. In this case, the BC Court of Appeal reaffirmed the existence of the duty owed by employees to the employer.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.

 

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Termination deemed reprisal for refusing unsafe work

In the recent decision Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc., the Ontario Labour Relations Board (OLRB) held that the Employer had reprised against the Employee when it terminated her employment after she had exercised her rights under the Occupational Health and Safety Act (OHSA) to refuse unsafe work. The OLRB did not agree that the termination was the result of an legitimate organizational restructuring. Rather, it held that the Employee’s termination was motivated “at least in part” as a reprisal against her for exercising her rights under the OHSA in the weeks preceding her termination.

 

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Do you have what it takes? A look at corporate leadership

Are all managers good leaders and teachers? This question brings us to the concept of corporate leadership that highlights the role of effective leadership in the growth and success of an organization. Managers need to possess leadership skills like planning, organizing, delegating and effective communication. Management is doing things right; leadership is doing the right thing. But when the line between the two blurs, managers become excellent leaders and leaders become effective managers.

 

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Medical evidence and employee absences

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work. However, this decision stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

 

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Gender identity and gender expression

Following our previous post on the British Columbia government’s bill to amend the Human Rights Code (Code) earlier this year, the bill recently received royal assent and gender identity and gender expression are now expressly included in the Code as protected grounds. Though the meaning and application of these new protected grounds will need to be fleshed out by Tribunal and court decisions, the Tribunal’s website now provides the following descriptions…

 

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