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Employee Relations

Goods news and bad news: ONCA rules on notice requirements during mass terminations

On September 19, 2018, the Ontario Court of Appeal released the decision of Wood v. CTS of Canada Co., and addressed several important issues surrounding mass termination events in Ontario. Specifically, the Court addressed the requirement to post prescribed notices at the commencement of the statutory notice period, that non-consensual overtime demands may dis-entitle employers to credit for working notice, and that notices of termination must always be clear and unequivocal in order to remain valid.

 

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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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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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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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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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Court disregards release where settlement “unconscionable”

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.

 

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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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There’s a tidal shift happening in human rights – Part II are employers ready for Bill 164?

Bill 164 aims to expand the current protection offered by the Ontario Human Rights Code in relation to citizenship, race and place of origin to add immigration status, which will essentially eliminate an employer’s ability to discriminate on the basis of how long someone has been in the country.

 

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