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HR Policies and Procedures

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Amendments to the Occupational Health and Safety Awareness and Training Regulation; overview of Bill C-45 to legalize marijuana; and Budget 2017 Bill to implement employment insurance measures.

 

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11 HR policies you need right now for legal compliance

I learned a new way of looking at policies recently. The standard ways that you do things at your workplace, how you treat and manage your employees, your day-to-day practices—these are your HR policies and procedures, regardless of whether you’ve written them down or not.

 

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Vexatious litigants and abuse of process at Tribunal

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

 

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Have you amended your pension plan?

The Pension Benefits Act (Ontario) was recently amended. In this communiqué, we briefly review those amendments.

 

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Gender pay equity: How do you measure up?

The gender pay gap has been much in the news lately as well as on the minds of the CEO and CHROs. It’s an issue that exists at the intersection of state/federal legislation, social values/ethics, and the economic realization that gender pay equity is good for business.

 

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Preparing for interactions with the MOL: Workplace visits

How do we prepare for a visit form a MOL inspector? The easiest and best way is to be prepared for the visit. Employers can no longer simply go merrily along and not put in place plans and programs to ensure the safety of all their employees. Remember, it is not “if and Inspector will walk through the door, It is when”. It will happen!

 

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The thin legal line: Resignation vs termination #learnthelatest

Has an employee who hands over his keys and company cell phone to his employer and declares “I’m done” resigned their employment? The Newfoundland and Labrador Court of Appeal has said that, in at least one case, the answer is no.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: whether an amount paid to a taxpayer on retirement qualifies as a retiring allowance; whether criminal charges alone for off-duty conduct is enough for just cause dismissal; when moral damages are to be awarded in a wrongful dismissal case.

 

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EI benefits: New parent, more time off and more money?

To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act. The Government also proposes to amend the Canada Labour Code to ensure that workers in federally regulated sectors have the job protection they need while they are receiving caregiving, parental or maternity benefits. Workers in provincially regulated sectors will have to wait and see if provincial legislation will also be changed to extend job protection for 18 months. Without job protection, the flexibility to receive EI benefits over a longer period of time will be meaningless.

 

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Wrongful dismissal: When does the limitation period clock start running?

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

 

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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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Good Friday, Easter and Passover in 2017

Good Friday, observed on April 14 this year, is a statutory holiday recognized across Canada. Also, Easter Sunday, observed on April 16 this year, is a retail holiday in some provinces and territories. Regarding Easter Monday, the Federal Government, as well as certain federally regulated workplaces, recognize the day as a statutory holiday. Although, this may not necessarily be the circumstance for the provinces and territories.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Budget 2017’s proposed changes to maternity and parental leave; Bill 168 and compliance regarding violence provisions under OHSA; and employee sexual harassment and reprisal.

 

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Using independent contractor not a “get out of jail free” card

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

 

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Workplace instant messaging: Information overload

We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting place, let alone listen to one? That’s what instant messaging is for. Short, efficient and no small talk. But, does this efficient communication work in the workplace?

 

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