First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Human Resources

What is undue hardship?

The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.

 

, , , ,

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?

 

, , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with new prohibited grounds of discrimination, the Canada Pension Plan and employment and labour standards.

 

, , ,

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.

 

, , , , , ,

“Cowboy” employer ordered to pay aggravated damages for bad faith termination

In a recent case titled Lalonde v. Sena Solid Waste Holdings Inc. 2017 ABQB 374, the Alberta Court of Queen’s Bench considered whether failing to hear an employee’s side of the story before dismissing him for cause could increase an employer’s liability.

 

, , , ,

Granting intervener status in cases of sexual harassment – Victims can be more than just witnesses

In the recent Ontario Superior Court decision Render v. ThyssenKrupp Elevator, Master Andrew Graham found that an employee who claimed that a co-worker sexually harassed her could be granted intervener status at the co-worker’s trial for wrongful dismissal.

 

, , , ,

Legal recreational marijuana: how can you address the workplace risks?

Legal recreational cannabis Canada

More than half of employers are concerned about how the legalization of recreational marijuana will affect their workplaces and the risks they may face, according to new research by the Conference Board of Canada.
What about you?

 

, , , , , , ,

Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

, , , , ,

Canadian companies should educate their employees prior to marijuana legalization

In order to minimize the risk of employees being barred from the United States, Canadian employers should educate their workforce on the above issues prior to (or soon after) October 17, 2018.

 

, , , , , ,

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?

 

, , , , , ,

To google or not to google? Candidate background checks

In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and should they go?

 

, , ,

Permanence requirement discrimination on the basis of citizenship

Imperial Oil Limited recently found out the hard way that imposing a Canadian citizen permanence requirement as a job qualification can be a costly mistake.

 

, , ,

Thanksgiving Day in Canada: Monday, October 8

In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 8.

 

, , , , , , , , ,

“It ain’t over ’til it’s over”: When does illness frustrate a contract?

When an employee is out for a long stretch due to illness, it is always best to keep in periodic but regular communication with them, both to see how they are doing and to see if they know when they may be able to return to work.

 

, , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the employer pay equity monitoring program, music and productivity at work and the Ontario Ministry of Labour’s stakeholder consultations for the Safe At Work Ontario strategy.

 

, , , ,

Previous Posts