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Human Resources

When should an employer conduct a workplace investigation?

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with Bill 148 and long-term disability benefits in the context of frustrating an employment contract.

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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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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Legislating the right to disconnect

In France, the right to disconnect was enshrined in law in 2017. French workers in companies of more than 50 people have the right to turn off their work devices outside of working hours. Will Canada follow that path?

 

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Will a judge enforce the termination clause in your organization’s employment contract?

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

 

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Lack of evidence works against employer at the HRTO

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

 

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Can an employer sue an employee for compensation?

The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.

 

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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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Supreme Court of Canada upholds workers’ compensation order against site owner

The decision in this case is an important reminder about an owner’s worksite safety obligations. Owners must ensure the health and safety of their own employees, as well as the employees of other contractors on site.

 

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Update regarding the sale of cannabis in Ontario

marijuana dispensary

Employers need to become aware of recent developments to the sale of cannabis rules and should note that Ontarians will only be allowed to use recreational cannabis in a private residence, including the outdoor space of a home. Recreational cannabis use will not be allowed in any public spaces, workplaces or motorized vehicles.

 

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Labour Day is an annual and global holiday

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. For other countries, Labour Day is celebrated on a different date, often one with special significance for the labour movement in that country.

 

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