Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. The main goal in almost all negotiations for an employee is to extract a large payout, while the goal for the employer is to settle the claim while paying out as little as possible. Though lawyers use different techniques for extracting these results for their clients, I wanted to share three simple tips that are often overlooked when employers are negotiating a settlement.
Contravention à une disposition en matière de santé et sécurité du travail? Une accusation d’homicide involontaire coupable pourrait en résulter!
La Cour supérieure a rendu une décision qui élargit la portée du Code criminel dans le cas de violations de dispositions en matière de santé et sécurité du travail. Dans Fournier c. R., la Cour supérieure indique qu’une accusation d’homicide involontaire coupable peut être fondée sur une infraction de responsabilité stricte en matière de santé et sécurité au travail.
The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.
In Ontario, as a new parent, you are entitled to take unpaid time off work for up to 37 weeks to take care of your newborn child (i.e., parental leave). This right applies to both parents, and the employer is legally required to provide you with your old job at the end of the leave. The employer is also not permitted to retaliate, or punish you in any way, for taking the time off to spend with your family. Unfortunately employers often consciously violate these rights and returning employees frequently find that either they no longer have a job, or that the job responsibilities or pay have changed.
I often receive requests for consultations from unionized workers dissatisfied with their employer, their union or both. Frequently, this dissatisfaction arises out of the worker having a grievance with the company, but he or she feels that they are not receiving proper representation from their union. Before going ahead and hiring a lawyer outside of their union for advocacy, there are 3 challenges that people in this position should know.
In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island and Saskatchewan, Family Day is recognized as a public (statutory) holiday and employees get the day off with pay, if eligible. Each year, these provinces celebrate Family Day on the third Monday in February. In 2017, Monday, February 20 is Family Day.
There are few areas of employment law more in flux (and vexing to lawyers) than that surrounding the enforcement of termination clauses. Part of the frustration is when the Courts provide seemingly contradictory messages on whether termination clauses will be upheld. In January 2017 alone, the Ontario Superior Court of Justice released two decisions that appear, on their face, to be somewhat at odds.
The three popular articles this week on HRinfodesk deal with: Workplace violence; age as a protected ground under human rights legislation; and the return-to-work process and the role of healthcare providers.
In a recent Ontario Superior Court decision it was held that an employer’s decision to request a criminal background check after employment had commenced was lawful under the applicable 12–month fixed term contract and the employee was not entitled to damages when her employment was terminated after she refused to consent to the background check.
Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period. In 2017, however, employees now claim in addition to wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress.
In British Columbia, Family Day is a statutory (public) holiday that is celebrated the second Monday in February each year. On Monday, February 13, 2017, British Columbians will be celebrating their fifth Family Day.
The three popular articles this week on HRinfodesk deal with: Whether an employee may deduct the cost of a basic cellular service plan; just cause to fire an employee for forging signatures on sick notes; and employer violation of health and safety legislation after failing to take precautions after employee complaint.
Noise is a serious health hazard, and if worker exposure is not eliminated or controlled, it can cause permanent hearing loss, physical and psychological stress, reduced productivity, and significant interference with communication causing further accidents and injuries. The Ontario Ministry of Labour has released a revised noise guideline in December 2016 to accompany Ontario Regulation 381/15. Regulation 381/15, effective July 1, 2016, sets out requirements for noise protection in all workplaces in the province.
Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted.