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News and Discussions on Payroll, HR & Employment Law

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Author Archive - Ava Z Moradi, JD

Ava Moradi, JD, received a Juris Doctor (J.D.) at the University of Windsor, Faculty of Law in 2014. She is a writer, researcher and editor in employment and labour law at First Reference. She is one of the content editors for The Human Resources Advisor, Ontario, Western and Atlantic editions and a contributor to First Reference Talks and HRinfodesk.

Q&A: Termination rights for probationary employees

Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.

 

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Q&A: Sharing liability of workplace parties for OHS violations

Is liability always charged independently to the employer (company) and supervisors or co-worker? Are each solely responsible for the charge? Can liability be passed on to the employer or is it the sole responsibility of the supervisor/co-worker to pay?

 

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Q&A: Is an employer responsible if employee drives home while high after using prescribed marijuana?

What duty does the employer have with regard to an employee using medical marijuana during the workday and then driving home after work? What if an accident occurs?

 

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Q&A: 48-hour advance notification of cancelled shift coming into force on January 1, 2019

Establishing a process for the practical aspects of shift cancellation notifications in a company policy would go a long way to protect employers from paying a worker who claims that he or she did not know about the cancelled shift because he or she failed to check the method of communication for notifications.

 

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Q&A: What happens when an employee does not use their vacation entitlement?

In this conference Q&A, we address the alternatives when an employee chooses to not use their vacation entitlement in the vacation entitlement year as prescribed by law.

 

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Q&A: Critical illness leave to take care of parent outside of Canada

In this conference Q&A, we address whether employees are entitled to take critical illness leave to care for a parent who is not in Canada.

 

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Q&A: Maximum age of child for domestic violence leave eligibility

domestic violence leave

In this conference Q&A, we address the eligibility criteria for domestic violence leave in relation to an employee’s child.

 

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Q&A: Laying out progressive discipline in the employment contract

Does progressive discipline need to be expressly written into the employment contract? If yes, do all steps need to be laid out in writing? Or is it on a case-by-case basis?

 

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Q&A: Medical marijuana inquiry during hiring or screening process

Can we ask during the hiring and screening process if a potential employee is using medical marijuana for a position that requires driving or that is a safety sensitive position?

 

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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

 

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Q&A: Pro-rating personal emergency leave benefit for contract employees

In this conference Q&A, we address the application of personal emergency leave for contract employees.

 

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Q&A: When is an employer’s duty to investigate workplace harassment triggered?

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

 

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Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

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Q&A: Suspected use of marijuana in the workplace

With medicinal marijuana already being prescribed by doctors and the upcoming legalization of recreational marijuana just around the corner, this question addresses a real concern shared by many employers across Canada.

 

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Q&A: Bill 148 increases vacation entitlements for all employees

In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments on topics including practical compliance strategies in light of Bill 148. While the law is clear in theory, its application tells many stories as employers and HR professionals deal in the practical world of differing employment dynamics. In this conference Q&A, we address the increases to vacation entitlements brought forth by Bill 148.

 

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