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Health and Safety

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

 

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Looking in the mirror: Harassment in legal workplaces

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

 

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Accommodating addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.

 

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Cannabis in the workplace: “If the employer cannot measure impairment, it cannot manage risk”

With the legalization of recreational cannabis in full effect, employers continue to grapple with the workplace implications of its use. However, having to balance statutory obligations under both health and safety and human rights legislation is not a new problem for employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with amendments to the Occupational Health and Safety Act, the Budget Implementation Act, 2017, No. 2 and the most recent changes to come into force from the Canada Labour Code.

 

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Court rejects Ministry of Labour’s attempt to assume breach of OHSA in face of strong safety program

A recent case goes to show that a failure by the Crown to show that an accident resulted from a breach of the Act, combined with a strong employer safety program, can result in an acquittal.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a Quebec Superior Court decision regarding annual salaries, the CRA improvements for small and medium sized businesses and the Saskatchewan minimum wage increase in October.

 

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Biohazard control in your workplace

Workplaces have a responsibility to identify hazards in the workplace. A hazard is any situation, condition or thing that may be dangerous to the safety or health of workers.

 

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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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Cannabis in the United States and its implications in naturalization applications

In April 2019, the media reported that the United States Citizenship and Immigration Services (USCIS) had denied the naturalization applications of at least two lawful permanent residents who had worked for state-licensed cannabis businesses in the State of Colorado.

 

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Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

 

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Do you have a fit for duty program in your workplace?

To be committed to the health, safety and wellness of all employees, customers and other members of the public, a Fit for Duty program is necessary for prevention, protection and rehabilitation (if necessary).

 

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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 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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How a bad hire could lead to damages for constructive dismissal

In the wake of the #metoo movement, one question that has arisen, and which our firm has commented upon is how employers are to react when those individuals attempt to return to the workforce.

 

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