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2017

A new spin on the HR department design

Like any other element of an organisation, the HR department must be structured in a way that allows it to deliver value to a business. This article explains why. There is a saying that when you point one finger in criticism, there are four fingers pointing back at you. This adage came to my mind […]

 

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Bad faith dismissals: is medical evidence required to prove damages?

The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time.  Welcome guidance was provided by the Supreme Court of Canada this past summer.

 

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Adding new prohibited grounds in Ontario Human Rights Code

Private member’s Bill 164, Human Rights Code Amendment Act, 2017, introduced on October 4, 2017 in the Ontario Legislature would amend the Ontario Human Rights Code (Code) to include four new prohibited grounds of discrimination including, social condition, police records, genetic characteristics and immigration status.

 

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Tips for recruiting online

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

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Compliment or sexual harassment: Where do you draw the line?

Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in Ontario’s workplaces.

 

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Thanksgiving Day in Canada: Monday, October 9

In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 9.

 

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The fork in the road: after-acquired cause for dismissal

In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: the Remembrance Day bill, Bill 148 employment and labour law reform, and the WSIB 2018 premium update.

 

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Proposed privacy breach of security safeguards under PIPEDA

Organizations that have control over an individual’s personal information are recommended to become familiar with the proposed requirements so that they are prepared to respond to the changes.

 

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SCC upholds dismissal of employee for failing to disclose cocaine use in violation of no free accident rule

The no free accident rule is designed to encourage safety by encouraging employees with substance abuse problems to come forward and obtain treatment before their problems compromise safety. In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace. Centered on the termination of […]

 

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Keeping abreast of discriminatory dress codes

There remains a puritanical discomfort with women’s breasts in public, evident in numerous cases of discrimination against mothers breastfeeding in public and high school dress codes prohibiting bra straps from showing. In September the issue spilled over into the workplace.

 

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The basics of the WSIB’s NEER system

Understanding the basics about the WSIB’s NEER financial system is a challenge for many employers. With limited time available to prepare for the upcoming implementation of the new Rate Framework, which will replace NEER, there are a few basic concepts you should understand regarding the current program.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the employment insurance rate change for 2018, new employment standards training and education program and Take Our Kids to Work Day

 

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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa

In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then shifts to the respondent to justify their conduct.

 

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What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees?

Employers must issue the ROE within five days after the employee’s last day of work, regardless of the reason why the employee left (i.e. termination, resignation, etc.).

 

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