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Human Rights

Medical marijuana: A high cost to employers? #learnthelatest

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

 

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The “G” word: Brooks v. Total Credit Recovery Limited

Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

 

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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.

 

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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?

 

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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.

 

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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.

 

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Can an employer terminate an employee for just cause if they were charged with a criminal offense?

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.

 

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Proposal to legalize marijuana: What does this mean for employers?

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was introduced by the federal government in order to enact the Cannabis Act. You may be wondering, what does this mean for employers?

 

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Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee’s request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

 

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11 HR policies you need right now for legal compliance

I learned a new way of looking at policies recently. The standard ways that you do things at your workplace, how you treat and manage your employees, your day-to-day practices—these are your HR policies and procedures, regardless of whether you’ve written them down or not.

 

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Vexatious litigants and abuse of process at Tribunal

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: whether an amount paid to a taxpayer on retirement qualifies as a retiring allowance; whether criminal charges alone for off-duty conduct is enough for just cause dismissal; when moral damages are to be awarded in a wrongful dismissal case.

 

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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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Good Friday, Easter and Passover in 2017

Good Friday, observed on April 14 this year, is a statutory holiday recognized across Canada. Also, Easter Sunday, observed on April 16 this year, is a retail holiday in some provinces and territories. Regarding Easter Monday, the Federal Government, as well as certain federally regulated workplaces, recognize the day as a statutory holiday. Although, this may not necessarily be the circumstance for the provinces and territories.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Budget 2017’s proposed changes to maternity and parental leave; Bill 168 and compliance regarding violence provisions under OHSA; and employee sexual harassment and reprisal.

 

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