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Employee Relations

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

 

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Remembrance Day may soon be a public holiday in Canada

The request to make Remembrance Day a national public holiday across Canada without removing any existing public holiday continues.

 

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The legalities of criminal, credit and medical checks in HR

Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: the new Canada Labour Code measures coming into force, liability for negative references and the Bill C-44 amendments to the Employment Insurance Act coming into force on December 3, 2017 .

 

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Post-termination bonus entitlement

Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice.

 

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Update on genetic discrimination provisions in human rights legislation

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

 

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Case study: Why you need to periodically review your employment contract

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.

 

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The #metoo moment

The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention.

 

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When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

 

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The curious incident of the sick dog and paid leave in the work day

Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.

 

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Top 5 mistakes employers make in their contracts

Employment contracts are a useful tool for employers. But often, employers make mistakes when creating their contracts. Here are five of the main mistakes to watch out for.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Alberta’s long-awaited cannabis framework, whether or not employee discounts are a taxable benefit and 2018 salary projections.

 

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Furry friends at work, should pets be part of your office culture?

Are you thinking it would be out of this world for you to bring your pets to work? Think again—Companies today are slowly hopping on board to this idea.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

 

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