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2017

Workplace organizational behaviour part II: Perception

Behaviour in the workplace is based on people’s perception of it. In this post, let’s examine how one’s perception influences productivity, absenteeism, turnover and job satisfaction.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Fair Workplaces, Better Jobs Act, 2017, new payroll rates and Bill 148’s amendments to the Employment Standards Act, 2000 and to the Occupational Health and Safety Act.

 

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Privacy Commissioner of Canada creates draft guidance document outlining inappropriate data practices and no-go zones

On September 28, 2017, the Privacy Commissioner of Canada created a draft guidance document providing clarification on inappropriate data practices, specifically focusing on subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA). This provision is entitled, “Appropriate purposes”, and states that, “an organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances”.

 

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British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

 

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Top 10 employment law developments in 2017

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year.

 

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What is a right to request under employment standards?

With the new Fair Workplaces, Better Jobs Act, 2017 coming into force, new provisions have been put into place. One such provision is the right to request a change to work schedule or location. What are an employer’s obligations under this provision?

 

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Negative employment references

A fear of defamation actions has prompted many employers to shy away from providing references for former employees or if they do provide a reference, it is limited to a “confirmation of employment” letter. Unfortunately, this means that prospective employers don’t get the information they need, which can hamper both employers and employees in their searches.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Canada Pension Plan 2018 rates and employment insurance benefits and parental leave.

 

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Ontario Bill 148 passed: A timeline of implementation

Ontario Bill 148 passed on November 22, 2017, enacting new employment and labour laws for the province. Employers will require assistance on when schedules in Bill 148 are being implemented.

 

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Employers beware: Punitive damages for improper just cause allegations

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

 

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Ten things Canadian employers need to know about statutory holidays

Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…

 

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Bill 148 passes (but not before a few last-minute changes were made)

On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Introduced on June 1, 2017 as a response to the Final Report of the Changing Workplaces Review, Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and most recently, the Occupational Health and Safety Act.

 

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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety.

 

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Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

 

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