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Employee Relations

Tort of harassment: Employer ordered to pay employee $100,000

This blog discusses a case where a trial judge awarded an employee $100,000 general damages because the employer committed, among other things, the tort of harassment.

 

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Don’t accept a resignation too quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

 

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New Brunswick’s Human Rights Act: Amendments proposed

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

 

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Constructive dismissal? A question of interpretation

The employee in this case acted hastily, and the employer prevailed against his constructive dismissal claim. However, the employer may have avoided the time and expense of litigation if the bonus agreement had contained clear, concise language.

 

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Compensation for Employers of Reservists Program update: Part 2

As you may recall, we at Human Resources PolicyPro have been following up on the Compensation for Employers of Reservists Program (CERP) since 2015. On February 3, 2017, the federal government announced the roll–out of the CERP.

 

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Former employee successfully sued for defamation for Facebook posts

In recent years, careless, or let’s say, less than sensible comments on social media have gotten countless employees in trouble with their boss. Employees who have used Facebook as a forum for posting threatening language and vile insults about a supervisor or offensive accusations about the company they work for have quickly been shown the door; and arbitrators and labour boards are often prepared to uphold these dismissals.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario’s current and upcoming minimum wage; whether the terms of an employee’s employment contract could be implied because of industry practice; and Ontario Human Rights Commission’s new report, Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants.

 

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WCB to employers: You need policies before Canada legalizes marijuana

Canada legalizes marijuana

On March 21, 2017, at a breakout session during a convention on the topic of Canada legalizing marijuana, a spokesperson for the Saskatchewan Workers’ Compensation Board says employers should have policies in place before Canada legalizes marijuana, because it could affect safety on the job.

In addition to examining this statement by Saskatchewan WCB, this article also discusses if medical marijuana is a covered medical expense under workers’ compensation.

 

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Are employees of a marijuana dispensary protected by employment standards?

With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]

 

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Home renos and employment agreements: How employers can avoid the money pit

With home repairs, there is risk in DIY. Similarly, employment agreements require the input of an expert. If you’re not an employment lawyer, don’t try this (i.e. drafting or revising an employment agreement) at home.

 

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Federal Budget 2017-18

On March 22, 2017, Canada’s Finance Minister Bill Morneau tabled the Liberal Government’s Federal Budget 2017, Building a Strong Middle Class, which includes various measures affecting payroll, and an abundant amount of measures that would be of interest to employers, including the extension of maternity leave to 18 months, the electronic distribution of T4 information slips, and the elimination of various tax credits.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.

 

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Family status: The employee’s obligation under “the Code”

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code is a joint obligation, involving both the employee and employer.

 

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Fast food firing leads to aggravated damages

A recent BC Supreme Court decision finding a fast food employee was wrongfully dismissed and entitled to aggravated damages has been making newspaper headlines across the country. Ms. Ram had worked as a cook in various Burger King locations for 24 years, and was terminated for just cause after taking home a fish sandwich, fries and a drink at the end of her shift without paying for them. Ms. Ram’s claim was heard over a seven day trial, resulting in a lengthy decision.

 

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