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HR Policies and Procedures

Entitlement to bereavement leave in Ontario

How much paid bereavement leave is an hourly employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to personal emergency leave?

 

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“Too pretty to drive a forklift”: Employee awarded considerable damages for workplace harassment and discrimination

This article details the outcome of the case of a woman who suffered repeated workplace harassment and discrimination and her employer’s failure to accommodate her reasonable requests for accommodation of both her pregnancy and disability, as defined under the Human Rights Code.

 

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Dependent contractor receives 12 months pay in lieu of notice

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.

 

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An employer’s duty to inquire into mental illness

Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.

 

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How to create an organizational culture

In our fast paced and ever changing world it is also important to avoid being locked into a single culture in a manner that does not allow for change. The best culture is the best culture at this time, but that doesn’t mean it will be the best culture tomorrow.

 

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Parental obligations in the workplace

For many of us who are parents, September feels like the real New Year. Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally.

 

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Ontario’s employment and labour law reform Bill continues to undergo changes

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.

 

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Privacy information: Cookieless identification and tracking of devices

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices.

 

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Workplace politics of politics in the workplace

workplace partisan political arguments

I drove past a house flying a confederate flag last week and asked myself, “Could I live beside that person?” You can’t do anything about the politics of your neighbour, although you don’t have to invite him or her to your backyard BBQ. The workplace, however is another story. How does an employer deal with an employee’s unpopular politics?

 

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Labour Day is a global and national annual holiday

Across Canada, Labour Day is a public holiday that is observed on the first Monday in September every year. This year, Labour Day is Monday September 4, 2017. Government bodies and agencies, as well as most businesses, are closed on Labour Day.

 

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Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation…six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

 

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Sloan v. Just Energy Corporation: Pregnancy and fairness under the Code

The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.

 

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A primer on undue hardship and frustration of contract

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

 

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Summarizing WSIB’s proposed Rate Framework, part 3

This blog is the final chapter of a three-part series which examines the fundamental proposed changes to WSIB’s method of business classification and application of premium rates.

 

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Ontario Court of Appeal enforces simple probation clause

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

 

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