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Employee Relations

Q&A: When is an employer’s duty to investigate workplace harassment triggered?

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

 

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Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

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Millennials at Work: Common Legal Issues

This emerging new workforce of millennials is as engaged as ever, keen to participate in a meaningful way without merely clock-punching, and can bring an important perspective to any workplace looking to continue being relevant in the modern workforce.

 

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Q&A: Suspected use of marijuana in the workplace

With medicinal marijuana already being prescribed by doctors and the upcoming legalization of recreational marijuana just around the corner, this question addresses a real concern shared by many employers across Canada.

 

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Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

 

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Ontario employment law update: Mid-year report

Much has changed in recent weeks. The Liberal party has been replaced by the PC party as the governing party in Ontario, recreational-use cannabis will become legal on October 17, 2018, more employment standards inspectors have been hired and trained and are now conducting workplace inspections to ensure that employers are complying with Ontario’s Employment Standards Act, and there’s more.

 

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Senate gives royal assent to Cannabis Act and it will become effective October 17, 2018

The Government of Canada has prepared some instructive material for Canadians in order to ensure that they are generally better prepared for what is to come now that Bill C-45 has received Royal Assent.

 

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Recent amendments to Alberta’s Occupational Health and Safety Code bring big changes to Alberta workplaces

This blog provides a summary of some of the key changes to the Alberta’s Occupational Health and Safety Code relating to joint work site health and safety committees, health and safety representatives, harassment and violence.

 

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Canada Day, statutory (public) holiday

Canada Day is a celebration of Confederation in 1867 and is a statutory (public) holiday in all provinces. This year, Canada Day falls on Sunday, July 1, a non-working day for most. So, what day will employees have off work? Most employers may have opted to give employees the following day, Monday, July 2 as the day off in lieu of Sunday, but some businesses may have chosen the previous Friday (June 29).

 

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Ontario pension reforms – Where are they now?

The pace of pension reforms in Ontario has been fast-moving since the release of the Ontario Budget on March 28, 2018. Among other things, the Budget announced continued work on the new funding rules for defined benefit pension plans and related increases to coverage under the Pension Benefits Guarantee Fund, a consultation on a new funding framework for target benefit multi-employer pension plans, consultations regarding new protections for plan members affected by employer insolvencies, and continued work on the new pension and financial services regulator, the Financial Services Regulatory Authority.

 

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Q&A: Bill 148 increases vacation entitlements for all employees

In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments on topics including practical compliance strategies in light of Bill 148. While the law is clear in theory, its application tells many stories as employers and HR professionals deal in the practical world of differing employment dynamics. In this conference Q&A, we address the increases to vacation entitlements brought forth by Bill 148.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

 

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Off-duty drunk driving not just cause for termination – Even for a firefighter

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

 

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