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Human Rights

Avoiding pitfalls in long-term disability claims

Employers often provide their employees with access to long-term disability benefits through a group benefit plan. Group benefits are an attractive incentive for employees but can result in increased risk for the employer.

 

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Fired by a robot!

We have truly reached an age where people and robots are working together and where robots are effectively performing an HR function. HR, unlike a self-checkout or an assembly line robot, is something we normally think of as a soft, people only skill!

 

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Evidence and credibility at the HRTO

Age is one of the protected grounds under Ontario’s Human Rights Code. Like all jurisdictions credible evidence, whether documentary or witness testimony, is needed for either side to support their version of facts.

 

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Good Friday, Easter and Passover in 2019

Good Friday and Easter Sunday coincide with the Jewish observance of Passover in 2019.

 

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Arbitrator reinstates locomotive engineer fired for drinking whiskey on the job

The fact that the Arbitrator in this case ordered reinstatement is an important reminder that employers must, at all times, ensure that they satisfy their procedural and substantive obligation to reasonably accommodate a disability, even where discipline may seem appropriate.

 

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Refuse, snooze & lose

For workplaces that operate on shift work, dealing with employee refusals to change shifts (especially to night shift) happens all too often.

 

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Duty to accommodate may be triggered even when employee does not request accommodation

As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability.

 

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R v Jarvis: the Supreme Court of Canada clarifies the interpretation of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada

On February 14, 2019, the Supreme Court of Canada made a landmark decision in R v Jarvis with its interpretation of the meaning of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada involving a criminal offence of voyeurism.

 

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Has BC Court opened the door to more court claims of harassment?

Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.

 

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Bad behaviour and termination

The gut reaction of most employers when they have to deal with an employee who has behaved in an outrageous fashion is to terminate the employee in question without much inquiry into the background of the conduct.

 

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Human rights – Your duty as an employer

In 2017, 66% of all human rights claims were employment-related. Employers have the duty to be compliant with the Ontario Human Rights Code.

 

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Legalization and the workplace: Your questions answered!

On October 17, the federal government legalized recreational marijuana use. At the same time, Ontario’s provincial government enacted the Cannabis Act and amended related legislation. Employers are rightly concerned about the possible impacts on the workplace.

 

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2019 Ontario Employment Law Conference: #LearntheLatest about continuing changes to employment law

Learn the Latest at the Ontario Employment Law Conference

Early-bird registration is now open – reserve your seats before March 31st to be eligible.

 

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Privacy Commissioner releases guidance document regarding cannabis transactions and privacy protection

The Office of the Privacy Commissioner of Canada recently released a guidance document to help cannabis retailers and purchasers understand privacy rights and obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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The employee’s responsibility under the “Code”

Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?

 

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