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Employment/Labour Standards

Court of appeal says no backpedaling allowed on employee resignation

Is an employer allowed to “re-hire” a long term employee on new terms if they retract their resignation? According to the Ontario Court of Appeal the answer seems to be yes.

 

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Top five things to consider when dismissing an employee

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

 

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BC’s 14 protected grounds of discrimination

The Federal government, along with every province and territory in Canada, has human rights legislation prohibiting discrimination on grounds such as race, gender and disability in a number of public environments.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a safety talk on impairment in the workplace from IHSA, BC employment standards changes and burnout in the workplace.

 

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Equality when you are born this way … Not the same way

When it comes to employers navigating human resource issues and relationships with their employees, the concept of equal versus identical is even more obvious. For employers, “equal” does not mean the individual employees are all the same, but that they be given the same opportunities.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new employment standards online tool in Ontario, distressed employees and benefits during the notice period.

 

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Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

 

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Supreme Court to hear arguments about enforceability of arbitration clauses

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

 

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Common law reasonable notice of termination for independent contractors?

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

 

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Calculating severance: What do the courts say?

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

 

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Victoria Day, public (statutory) holiday in Canada

In Canada, Monday, May 20, 2019, is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island). In Quebec, the public holiday is referred to as National Patriots’ Day (Journée nationale des patriotes).

 

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Avoiding pitfalls in long-term disability claims

Employers often provide their employees with access to long-term disability benefits through a group benefit plan. Group benefits are an attractive incentive for employees but can result in increased risk for the employer.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with proposed OHIP changes for travel benefits, rising health benefit costs and expanding statutory leaves in Saskatchewan.

 

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An Alberta UCP government – consequences for employers

n April 16, 2019, the recently formed United Conservative Party of Alberta (“UCP”) won a majority government in Alberta. This blog post provides a summary of key positions the UCP adopted during their campaign that will affect employers and the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to employment standards in British Columbia, a class action lawsuit against RBC/Aviva and proposed workplace harassment and violence prevention regulations.

 

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