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News and Discussions on Payroll, HR & Employment Law

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Author Archive - Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of payroll, employment and labour law, payroll, HR analytics, corporate immigration, accessibility related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

The first issue in Filice for the Court of Appeal was whether the without pay suspension constituted constructive dismissal. The Court first cited the two-branch test set out by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission (2015).

 

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La Cour d’appel de l’Ontario confirme la conclusion de congédiement déguisé – les suspensions sans solde doivent être justifiées

Dans l’affaire Filice, l’employeur avait des politiques prévoyant les suspensions sans solde et ces politiques furent considérées comme faisant partie du contrat d’emploi.

 

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Arbitrator states worker’s use of medical cannabis results in “unacceptable increased safety risk”- grievance dismissed

Increased safety risk arising from cannabis impairment in the workplace can amount to undue hardship. This will likely continue to be the case until there are reliable technologies that can accurately and effectively measure impairment from cannabis.

 

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Un arbitre déclare que la consommation de cannabis à des fins médicales par un travailleur entraîne « un risque accru inacceptable pour la sécurité » − grief rejeté

La récente légalisation du cannabis à des fins récréatives a fait ressortir le fait qu’il existe plusieurs questions concernant les effets d’affaiblissement des facultés du cannabis et comment ils peuvent être évalués

 

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Quebec employers: Are your harassment policies up to snuff?

Because of significant changes proposed to Quebec’s Act Respecting Labour Standards, employers need to ensure that their harassment policies now cover psychological and sexual harassment.

 

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Holiday party do’s and don’ts

As the holiday season approaches, it’s time to revisit the law of employer host liability. If your organization is planning to host a workplace holiday party where alcohol or other legal intoxicants may be served or used, you’ll want to protect your guests from harm and your organization from the potential for significant liability for damages sustained or caused by an impaired employee.

 

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Labour Relations Code Review Panel issues report

On October 25, 2018, the Labour Relations Code Review Panel released its report with its recommendations for amendments to the B.C. Labour Relations Code (“Report”).

 

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How are employers affected by Alberta’s increased protections against sexual and domestic violence?

domestic-violence

In protecting themselves against future liability, employers may find themselves stepping in line with the government, paving the way towards creating safe and respectful work environments within which employees’ conduct is held to a higher standard.

 

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Federal government announces pay equity legislation for federally regulated workers

On October 29, 2018, days after releasing the Pay Equity Consultations What We Heard Report, the Federal Government proposed pay equity legislation for federally regulated workplaces.

 

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Preparing for the legalization of recreational cannabis in Canada: What employers should know

On October 17, 2018, the federal government’s Cannabis Act comes into force, ushering in a new regulatory model for the possession and use of certain types of cannabis. At the same time, provincial governments will enact their own provincial cannabis statutes, such as Ontario’s Cannabis Act.

 

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Countdown to Nov 1: Don’t miss MB’s due date for accessibility policies

Human resources professionals in most businesses are likely in the best position to quarterback this accessiblity policy development and training, but leaders throughout each business should collaborate in order to be able to clearly identify what barriers exist and what potential low cost/no cost strategies might best address such barriers.

 

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Weed at work: What are your rights?

The law on marijuana is changing. However, employers who prepare themselves for the legalization of recreational marijuana should not be overly anxious. Of course, if preparation does not help calm your nerves, there will be a new (legal) way to mellow out come October.

 

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Creating a better onboarding process to ensure employees represent company values

Setting up an intentional and well-designed onboarding process is critical for companies who want staff to represent their company values. The first day and first several weeks on the job have a significant influence on whether employees embrace company values and whether they stay for the long haul.

 

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Law firm loses to ex-lawyer over unpaid vacation and holiday pay

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

 

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Solve workplace parking problems in no time

Workers who commute to their offices by car can be exposed to situations that put them at a disadvantage at their workplaces due to parking-related lateness or tension between workmates over parking spots. According to the research, over half (54%) of office workers are risking job prospects because of such incidents.

 

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