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Employee Relations

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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Privacy considerations when organizations use “bring your own device programs”

The Privacy Commissioner of Canada, together with Offices of the Information and Privacy Commissioners of British Columbia and Alberta, created the document, Is a Bring Your Own Device (BYOD) Program the Right Choice for Your Organization? in 2015 that is still relevant today.

 

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Failure to repeat termination clause after multiple promotions voids clause

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

 

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Celebrating Canadian Multiculturalism Day

Canadian Multiculturalism Day is celebrated on June 27 each year. According to the Government of Canada, Canadian Multiculturalism Day is an opportunity to celebrate the country’s diversity and its commitment to democracy, equality and mutual respect, and to appreciate the contributions of the various multicultural groups and communities to Canadian society.

 

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Employer reminder: Summary hearing tool at the Human Rights Tribunal for allegations of bullying and harassment

An “Order for a Summary Hearing” is an employer’s tool to seek early dismissal of the Application on the basis that ‘there is no reasonable prospect that the Application will succeed’ at a full hearing. Hence, it should be dispensed quickly and efficiently.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a Quebec Superior Court decision regarding annual salaries, the CRA improvements for small and medium sized businesses and the Saskatchewan minimum wage increase in October.

 

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