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HR Policies and Procedures

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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

 

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Dishonesty in hiring process constitutes cause for dismissal

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. In this case, the plaintiff’s claim for wrongful termination was dismissed when the court found that the plaintiff’s omission on a security questionnaire amounted to dishonesty that went to the core of the employment relationship and was irreconcilable with sustained employment.

 

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Court comments on when employers can ask for an independent medical examination

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (IME) in certain circumstances, to facilitate the accommodation process.

 

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What you don’t know can hurt you: A new wave of WSIB claims for chronic mental stress

On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic mental stress in the course of their employment.

 

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Must you include bonuses when calculating lost wages?

In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a worker’s entitlement for chronic pain disability, corporate income tax changes to curb income sprinkling issues and an employee’s rejected appeal for dismissal of his wrongful termination action.

 

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PHIPA fines in the workplace

This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge.

 

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