First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

HR Policies and Procedures

Health record snooping nets hefty fine

In a recent case out of Goderich, Ontario a $20,000 fine, the highest of its kind in Canada, was handed out for a health privacy violation.

 

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

Victoria Day, public (statutory) holiday in Canada

In Canada, Monday, May 22, 2017 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces.

 

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

Ontario considers big changes to Employment Standards Act and Labour Relations Act

For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act.

 

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

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

 

, , , , , , , , , ,

Is it work-related? Novel workers’ compensation decisions deal with harassment and assault #learnthelatest

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

 

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

The end of accommodation? Frustration of the employment contract as a last resort

One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act and the Human Rights Code is to promote accessibility and accommodation in various forums, including the workplace. However, when it becomes clear that, despite accommodating an employee to the point of undue hardship, a disabled employee will never again be able to return to his or her job or be accommodated in another position, what can an employer do?

 

, , , , , , , , , ,

Will distracted driving kill your employees?

Operating a motor vehicle for work is more than driving a truck, cab or ambulance. Anyone driving from home to a location different from their usual workplace, or travelling for work, is usually “in the course of employment” under workers’ compensation law. Thus distracted driving is very much an employer responsibility and risk.

 

, , , , , ,

Employer unsuccessful in voiding unfavourable termination clause

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

 

, , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Repeat violators from 2016 blitz; whether employer-employee relationship existed; and Labour force survey, April 2017.

 

, , , , , , , , ,

Dealing with a Claim: Getting sued by an ex-employee

What is an employer to do when served with a Statement of Claim? Here are the most common questions we get: 1. Is a response mandatory or can we ignore the claim? 2. How do we get rid of this ridiculous claim? 3. How much is this going to cost?

 

, , , , , , ,

Federal adjudicator dismisses family status grievance

Federal adjudicator dismisses family status grievance – confirms that employer’s duty to accommodate is only engaged where a work rule interferes with an employee’s legal obligations.

 

, , , , , , ,

Une arbitre fédérale rejette un grief fondé sur la situation de famille

Une arbitre fédérale rejette un grief fondé sur la situation de famille et confirme que l’obligation d’accommodement de l’employeur ne s’applique que lorsqu’une règle au travail nuit à la réalisation des obligations légales d’un employé.

 

, , , , , , , ,

What to do when the MOL comes calling

This blog discusses a group of orders that a MOL inspector recently imposed on a small employer after an employee complained that she had been harassed at work.

 

, , , , , , , , , ,

Are remote employees the answer?

The difficulty with identifying talent has been very well documented. It is a common topic of discussion in both academic and corporate circles. But for people who are unemployed the notion of a scarcity of talent sounds exceedingly ludicrous. How can there be a scarcity of talent when there are so many people unemployed?

 

, , , , ,

You can fire someone without saying so, but even “I quit” may not be a resignation

We all know that most Judges will try to protect employees when they can, as the perception is that employers have greater resources. In recent times, my firm has written about the dangers of accepting resignations too quickly and the need to allow an employee who purports to quit some time to cool down and reconsider. Another recent case adopted a similarly protection approach but in a very different context: the unintentional dismissal. While you may not have heard of this concept before, it is, apparently, a thing.

 

, , , , , ,

Previous Posts