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HR Policies and Procedures

The non-competition clause – Drafting and cautionary notes

A non-competition clause (or non-compete clause) is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment.

 

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Celebrating Discovery Day in Newfoundland and Labrador

Discovery Day

In Newfoundland and Labrador, Discovery Day is celebrated on the nearest Monday to June 24. This year, Discovery Day falls on Monday, June 25, 2018.

 

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Celebrating National Aboriginal Day

Thursday June 21, 2018, marks National Aboriginal Day in Canada. This day of recognition and celebration honours the unique heritage, diverse cultures and outstanding contributions of First Nations, Inuit and Métis peoples.

 

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There’s a tidal shift happening in human rights – Are employers ready?

The intolerance brought on by the #MeToo movement is being mirrored in Human Rights Tribunal decisions across the country as awards for damages relating to sexual harassment show an upward trend. There are also other changes brewing in human rights law, particularly in Ontario. A recent decision on age discrimination and benefit coverage may require significant amendments to employer benefit plans and resulting costs to employers.

 

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Sober, safe and productive workplaces: Managing the legalization of recreational marijuana

The pending legalization of recreational marijuana has raised concerns for employers as to how legalization may impact their workplaces and what steps may be taken to protect staff, ensure safety and avoid loss of productivity.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the bill that will legalize marijuana and the new smoke-free rules related to cannabis, as well as a successful challenge to the right to terminate group benefits for employees aged 65 and older.

 

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The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

 

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Remote workers: Pros, cons and tips

Workflow and infrastructure will need to adjust if employees are working remotely. The more paperless and automated, the easier it is to make the transition to remote work. Video conferencing, phone calls and some sort of in-person meeting on a regular basis are all good practices to make sure that employees working from home still have an opportunity for in-person communication with other employees.

 

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The European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018 – what does this mean for Canadian organizations?

When determining whether the GDPR applies to our organization, it is important to ask questions such as, “Do I have an establishment in the EU?”, “Do I offer goods or services to individuals in the EU?”, and “Do I monitor the behaviour of individuals in the EU?”

 

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Accommodation of medical marijuana

The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.

 

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What will the provincial election mean for labour and employment law?

With the Ontario provincial election looming, the three major political parties are on very different paths with their plans for for labour and employment law. The Liberals seem to be aiming to maintain the status quo. The Progressive Conservatives are aiming to freeze minimum wage and the New Democratic Party has plans for sweeping changes to both the labour and employment law regimes.

 

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Proposed changes to the Quebec Act respecting labour standards: What employers need to know

On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.

 

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The double “financial” jeopardy of HRTO damages against the employer

An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.

 

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Victoria Day, public (statutory) holiday in Canada

public holiday on non-working day

In Canada, Monday, May 21, 2018 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island). In Quebec, the public holiday is referred to as National Patriots’ Day (Journée nationale des patriotes).

 

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How the legalization of marijuana will affect your ability to travel to the United States

The legalization of marijuana (both in Canada and in some US states) has created considerable uncertainty for Canadian citizens, Canadian permanent residents, and other foreign nationals.

 

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