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HR Policies and Procedures

When should an employer conduct a workplace investigation?

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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Q&A: 48-hour advance notification of cancelled shift coming into force on January 1, 2019

Establishing a process for the practical aspects of shift cancellation notifications in a company policy would go a long way to protect employers from paying a worker who claims that he or she did not know about the cancelled shift because he or she failed to check the method of communication for notifications.

 

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Legislating the right to disconnect

In France, the right to disconnect was enshrined in law in 2017. French workers in companies of more than 50 people have the right to turn off their work devices outside of working hours. Will Canada follow that path?

 

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Lack of evidence works against employer at the HRTO

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

 

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Can an employer sue an employee for compensation?

The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.

 

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Q&A: What happens when an employee does not use their vacation entitlement?

In this conference Q&A, we address the alternatives when an employee chooses to not use their vacation entitlement in the vacation entitlement year as prescribed by law.

 

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Update regarding the sale of cannabis in Ontario

marijuana dispensary

Employers need to become aware of recent developments to the sale of cannabis rules and should note that Ontarians will only be allowed to use recreational cannabis in a private residence, including the outdoor space of a home. Recreational cannabis use will not be allowed in any public spaces, workplaces or motorized vehicles.

 

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Labour Day is an annual and global holiday

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. For other countries, Labour Day is celebrated on a different date, often one with special significance for the labour movement in that country.

 

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Q&A: Critical illness leave to take care of parent outside of Canada

In this conference Q&A, we address whether employees are entitled to take critical illness leave to care for a parent who is not in Canada.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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WHMIS phase 3: Are you ready for September?

Complying with WHMIS has been an ongoing mission to ensure safety within the workplace when working alongside hazardous materials. Compliance for WHMIS has been split up into 3 phases, and phase 3 commences on September 1. Are you ready?

 

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Severance for sales people

This article examines whether employers must include commissions, in addition to base salary, when calculating severance pay for sales people.

 

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Q&A: Maximum age of child for domestic violence leave eligibility

domestic violence leave

In this conference Q&A, we address the eligibility criteria for domestic violence leave in relation to an employee’s child.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.

 

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