First Reference company logo

First Reference Talks

News and Discussions on Payroll & Employment Law

decorative image

Health and Safety

Learn the latest! — Human Rights Tribunal finds discrimination in request for medical information

In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.

 

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

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the drafting of termination clauses to exclude benefits, a collision involving two employees in the employer parking lot entitling them to WSIB benefits and the right of employers to hire employees with certain language skills.

 

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

Assessing the risk of violence at work

Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:

 

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

‘If you see something, say something’ in the workplace

It’s been a month marred by violence and disruption. In recent days we have witnessed the troubling arrests of alleged terrorists in Toronto and Montreal, the heinous Boston Marathon Bombing, a violent takeover robbery and double-shooting at a Toronto bank, the assault of a Port Coquitlam, BC security guard, and sexual assaults at a Toronto community college to name a few. Each of these incidents had (or would have had) an impact on the workplace.

 

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

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause

 

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

Learn the latest! — Dealing effectively with OHS inspectors

The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.

 

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

Hollywood health and safety horrors

Think workplace safety concerns only impact employees in traditional industries? Think again. Even well-known Hollywood stars can be impacted by a lack of due diligence in their workplaces. Here are some of the celebrities who have been involved in a serious workplace accident.

 

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

Slaw: Consolidating labour legislation: Proposed Saskatchewan Employment Act

The new Saskatchewan Employment Act clearly defines the rights and responsibilities of employees, employers and unions… The new Act will improve Saskatchewan’s labour legislation to better protect workers, promote growth and increase accountability

 

, , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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

Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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

Employers should think carefully before imposing a dress code

While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.

 

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

HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace

The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?

 

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

The value of working from home questioned: Whether to implement flexible work arrangements or not?

The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]

 

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

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with whether a taxable benefit arises from the reimbursement of the cost of computer equipment, an update on the 2013 Federal Budget and how an employer was on the hook for damages due to a work reprisal.

 

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

Supervisor circulated pornography, damaged employment relationship, terminated for cause

When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.

 

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

Previous Posts