First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Employee Relations

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with marijuana in the workplace, proposed parental leave benefit and workplace harassment as a WSIB claim.

 

, , , , , , , , ,

Leaders are persuasive rule-breakers

The hallmarks of senior leaders is not high scores in outgoingness or charisma, and leaders’ level of dependability and conscientiousness is not different from that of others. Instead, it’s the willingness to take action, bring others along, and remain open to new opportunities and better ways of doing things that make effective leaders.

 

, , , , , , , , , ,

The latest on the legality of random drug and alcohol testing

This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine.

 

, , ,

Recent report of the Standing Committee on Access to Information, Privacy and Ethics

Employers who are governed by PIPEDA are recommended to remain informed on these issues because some of the above-mentioned recommendations may become part of future legislative and policy initiatives.

 

, , , , ,

Non-competition clauses – Language should be clear and unambiguous

Employers should avoid using language that may introduce ambiguity and is broader than necessary to protect the employer’s legitimate interest. Courts will not fix a clause that they find to be ambiguous or overreaching

 

, ,

Revoking telecommute agreement a constructive dismissal

Employers should seek legal advice to ensure they are not altering essential terms and conditions of employment in attempts to improve performance. This is especially the case when dealing with long term employees who have never received negative feedback on performance or been subject to performance management.

 

, , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with avoiding sexual harassment claims in the workplace, Occupational Health and Safety amendments and BC’s Family Day.

 

, , , ,

A primer total disability and psychiatric conditions

Generally speaking, claim liability, whether through an employment group policy or an individual policy, mandates that a claimant suffer a total disability. Contrary to what most HR departments often think, total disability in the context of disability insurance does not mean that an employee must be completely helpless and incapable of any activity. Rather, total […]

 

, , , , , , , , , , ,

No reason given for refusal of HRTO request to expedite, no reasons required

In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.

 

, , , , , , , , , , , , , , , , , , ,

26 is the new 24 (Reasonable Notice)

The result of the Ontario Court of Appeal’s January 2016 decision of Keenan v. Canac Kitchens Ltd., which established, at this court level, for the first time that 26 months was reasonable notice in exceptional circumstances, thus confirming to the lower courts that there is no 24-month cap on notice.

 

, , , ,

Bill C-65 – Amendments to the Canada Labour Code dealing with sexual harassment and violence

Federally-regulated employers, including those covered by the PESRA, should consider whether Bill C-65’s proposed changes require an examination or revision of current policies and practices on workplace violence or harassment.

 

, , , , , , , ,

Projet de loi C-65 – Modifications au Code canadien du travail portant sur le harcèlement et la violence sexuels

Dans la foulée des allégations d’inconduite sexuelle, les débats devraient commencer sur le projet de loi C‑65 du gouvernement fédéral. S’il est adopté, ce projet de loi renforcerait les protections contre la violence et le harcèlement au travail, y compris le harcèlement et la violence sexuels, dans les milieux de travail de réglementation fédérale.

 

, , , , , , , , ,

Secretly recorded conversations – the collision of “technification” and mistrust in the workplace

While I would never have been able to predict at the time I started practicing employment law that I’d be writing about and advising clients on the risks associated with secret recordings in the workplace, it is a reality that is now a regular part of the modern workplace.

 

, , , , , , , , , ,

Family Day February 19: Which provinces have a day off with pay?

In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick, 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 2018, Monday, February 19 is Family Day.

 

, , , , , , , , , , ,

Commitment to “comply with statute” not enough to displace common law rights on termination

This decision serves as an important reminder to employers to draft clear and enforceable termination provisions in order to avoid unanticipated liability upon termination. In particular, the Movati decision confirms that should an employer want to limit its obligations upon termination to the minimum entitlements required by statute, it is necessary to include clear words of limitation.

 

, , , ,

Previous Posts Next posts