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Human Resources

Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

 

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Is GPS data “personal information?”

A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but does the data collected may be considered “personal information”.

 

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The most common mistakes made in Quebec vacation policies

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards. In this post, we identify four of the most common errors and misconceptions made by employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

 

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An overview of Canada’s Start-Up Business Class

Despite the fact that the United States (and many other western countries) have adopted more restrictive immigration policies, Canada remains relatively open to accepting new immigrants.

 

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You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

 

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Labour arbitrator grants interim protection for complainant of workplace sexual harassment

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

 

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Looking in the mirror: Harassment in legal workplaces

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace romances, longer notice periods and accommodating a disability.

 

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Accommodating addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.

 

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Aggravated damages are aggravating employers

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

 

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Cannabis in the workplace: “If the employer cannot measure impairment, it cannot manage risk”

With the legalization of recreational cannabis in full effect, employers continue to grapple with the workplace implications of its use. However, having to balance statutory obligations under both health and safety and human rights legislation is not a new problem for employers.

 

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Ontario Court of Appeal confirms 24 month cap on notice periods absent exceptional circumstances

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law.

 

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Bill C-81, the Accessible Canada Act, has passed

In the midst of National AccessAbility Week, as of May 29, 2019, Bill C-81, the Accessible Canada Act, has passed and is now awaiting Royal Assent.

 

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“Bill 2 – Proposed changes to Alberta’s Employment Standards Code and Labour Relations Code”

As we previously reported, the changes contemplated by the Alberta recently elected United Conservative Party government are one step closer to becoming law.

 

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