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HR Policies and Procedures

Canadian companies should educate their employees prior to marijuana legalization

In order to minimize the risk of employees being barred from the United States, Canadian employers should educate their workforce on the above issues prior to (or soon after) October 17, 2018.

 

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Q&A: Is an employer responsible if employee drives home while high after using prescribed marijuana?

What duty does the employer have with regard to an employee using medical marijuana during the workday and then driving home after work? What if an accident occurs?

 

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Thanksgiving Day in Canada: Monday, October 8

In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 8.

 

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Countdown to Nov 1: Don’t miss MB’s due date for accessibility policies

Human resources professionals in most businesses are likely in the best position to quarterback this accessiblity policy development and training, but leaders throughout each business should collaborate in order to be able to clearly identify what barriers exist and what potential low cost/no cost strategies might best address such barriers.

 

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Privacy Commissioner of Canada seeks feedback on breach reporting guidance

On September 17, 2018, the Office of the Privacy Commissioner of Canada (Privacy Commissioner) invited stakeholders to provide feedback on a draft guidance and draft breach reporting form entitled What you need to know about mandatory reporting of breaches of security safeguards by October 2, 2018.

 

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Can an employer have a zero tolerance policy for marijuana? The Human Rights Tribunal weighs in

In one of the first cases to consider this issue the Ontario Human Rights Tribunal was faced with the question of whether a “zero tolerance” policy for marijuana consumption discriminated against a worker in a safety sensitive position who wanted to consume marijuana at work for medicinal purposes.

 

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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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