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Employee Relations

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

At almost 100 pages, Galea is a hefty case with many facets not touched upon in the above summary. That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018.

 

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Ontario Passes Bill 148

On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.

 

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Before the duty to accommodate, the duty to inquire

If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Fair Workplaces, Better Jobs Act, 2017, new payroll rates and Bill 148’s amendments to the Employment Standards Act, 2000 and to the Occupational Health and Safety Act.

 

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British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

 

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Top 10 employment law developments in 2017

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year.

 

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What is a right to request under employment standards?

With the new Fair Workplaces, Better Jobs Act, 2017 coming into force, new provisions have been put into place. One such provision is the right to request a change to work schedule or location. What are an employer’s obligations under this provision?

 

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Negative employment references

A fear of defamation actions has prompted many employers to shy away from providing references for former employees or if they do provide a reference, it is limited to a “confirmation of employment” letter. Unfortunately, this means that prospective employers don’t get the information they need, which can hamper both employers and employees in their searches.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Canada Pension Plan 2018 rates and employment insurance benefits and parental leave.

 

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Ontario Bill 148 passed: A timeline of implementation

Ontario Bill 148 passed on November 22, 2017, enacting new employment and labour laws for the province. Employers will require assistance on when schedules in Bill 148 are being implemented.

 

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Employers beware: Punitive damages for improper just cause allegations

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

 

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Ten things Canadian employers need to know about statutory holidays

Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…

 

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Bill 148 passes (but not before a few last-minute changes were made)

On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Introduced on June 1, 2017 as a response to the Final Report of the Changing Workplaces Review, Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and most recently, the Occupational Health and Safety Act.

 

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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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