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Medical marijuana: A high cost to employers? #learnthelatest

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

 

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Is it work-related? Novel workers’ compensation decisions deal with harassment and assault #learnthelatest

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

 

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Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review #learnthelatest

Although the final report from the Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party introduced a private member bill on April 4, 2017 aiming, among other things, to make it easier for workers to unionize their workplaces.

 

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Generous termination clauses: Think twice before making promises #learnthelatest

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

 

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The thin legal line: Resignation vs termination #learnthelatest

Has an employee who hands over his keys and company cell phone to his employer and declares “I’m done” resigned their employment? The Newfoundland and Labrador Court of Appeal has said that, in at least one case, the answer is no.

 

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Using independent contractor not a “get out of jail free” card

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

 

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The agenda for the 2017 Ontario Employment Law Conference is now available

Join Stringer LLP and First Reference at the Centre for Health & Safety Innovation in Mississauga on June 20, 2017 at the Ontario Employment Law Conference to Learn the Latest® on the following topics from top Ontario employment law experts: Jeremy Schwartz will discuss the increasingly important topic of structuring your work relationships with independent […]

 

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The 17th Annual Ontario Employment Law Conference highlights and wrap-up #learnthelatest

Thank you for everyone’s participation in this year’s conference. The following is a brief overview of some of the employment topics that were discussed at this year’s conference. We look forward to seeing you next year!

 

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It takes two to tango: Superior Court rules on employees’ duty to facilitate in the accommodation process

Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to work of employees who require disability-related accommodation. An important aspect of this duty is procedural, i.e. the steps taken to search for a reasonable accommodation. Even if an employer ultimately cannot accommodate without undue hardship, failure to engage in the procedural aspect of the duty to accommodate is a violation of the Human Rights Code.

 

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More time, more money: New, unique Employment Standards Act leaves proposed by legislature #learnthelatest

There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000 (“ESA”). Outside of introducing the new leaves and obligations on employers, these Bills could be the canary in the coalmine for further extensive increases to leave entitlements under the ESA.

 

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Family status protection for infrequent and unexpected childcare obligations #learnthelatest

A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.

 

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Employer liable for disclosure of employee confidential medical and employment information #learnthelatest

The law has become increasingly sensitive to the need for the protection of personal information from public disclosure. This is of particular concern for employers, who often possess a wealth of personal information about their employees. With this possession comes responsibilities that can trigger legal liability if not fulfilled.

 

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No room left for doubt: Ontario introduces new workplace harassment obligations #learnthelatest

Workplace harassment has been at the forefront of labour and employment law over the past several years, particularly in relation to the employer’s duty to investigate.  The trend continues with the Ontario Government’s recent introduction of Bill 132, the Sexual Violence and Harassment Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016. Bill […]

 

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17th annual Ontario employment law conference early bird registration #learnthelatest

Registration is now open for the 17th Annual Ontario Employment Law Conference, presented by First Reference and Stringer LLP on Thursday June 2, 2016.

 

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Turning over a new leave: ESA amendments introduce new, significant categories of leaves

Learn the latest!

2014 saw the introduction of three new leaves protected under the Employment Standards Act, 2000 (the “ESA”).  These new leaves can result in significant absences from the workplace, which will create new human resources challenges for employers.  Professionals engaged in workforce management and HR must be aware of these new obligations to employees in order to avoid accidental breaches of the ESA.

 

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