First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Human Rights

Hold the applause: Clapping banned to reduce individual anxiety

A request for accommodation of alleged employee anxiety triggered by clapping should be treated in the same way as any other disability-related request for accommodation, that is, the employer must establish that there is in fact a disability triggering a duty to accommodate, and engage in a meaningful way to provide reasonable accommodation of the disability in question up to the point of undue hardship.

 

, , ,

Even robots are a little bit racist: Al bias in recruitment

How would you like to perform only the most high-level and uniquely human elements of your job? Are your skills really best utilized on data entry, rote memorization and pushing paper? Artificial Intelligence (AI) promises to delegate all the drudgery of your job to machines while freeing you up to mingle with clients on the golf course and answer phone calls from your private yacht in the Adriatic Sea.

 

, , ,

Federal government announces pay equity legislation for federally regulated workers

On October 29, 2018, days after releasing the Pay Equity Consultations What We Heard Report, the Federal Government proposed pay equity legislation for federally regulated workplaces.

 

, , ,

Four proposed prohibited grounds of discrimination

On September 26, 2018, a private member’s Bill 35, Human Rights Code Amendment Act, 2018 was introduced and received first reading in the Ontario legislature. The goal of Bill 35 is to add immigration status, genetic characteristics, police records, and social condition as prohibited grounds of discrimination in Ontario’s Human Rights Code.

 

, , , , , ,

No smoking and no vaping signs required to be posted under Ontario’s smoke and vape-free legislation

The Ontario government has now made available information on the no smoking or no vaping signs required to be posted by employers and others on its website. There are three types of posting requirements under the smoke- and vape-free law, the Smoke-Free Ontario Act, 2017 and its accompanying regulation, Ontario Regulation 268/18.

 

, ,

New rules regarding police record checks: Employers take note

On November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will come into effect in Ontario. Employers should take steps now to ensure that their police record checks policy and procedures are in compliance with the new standardized procedure.

 

, ,

Interim remedies at the HRTO revisited following termination

The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.

 

, , , , , , , , , , , , , , ,

What is undue hardship?

The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.

 

, , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with new prohibited grounds of discrimination, the Canada Pension Plan and employment and labour standards.

 

, , ,

Preparing for the legalization of recreational cannabis in Canada: What employers should know

On October 17, 2018, the federal government’s Cannabis Act comes into force, ushering in a new regulatory model for the possession and use of certain types of cannabis. At the same time, provincial governments will enact their own provincial cannabis statutes, such as Ontario’s Cannabis Act.

 

, , , , , ,

Legal recreational marijuana: how can you address the workplace risks?

Legal recreational cannabis Canada

More than half of employers are concerned about how the legalization of recreational marijuana will affect their workplaces and the risks they may face, according to new research by the Conference Board of Canada.
What about you?

 

, , , , , , ,

Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

, , , , ,

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?

 

, , , , , ,

To google or not to google? Candidate background checks

In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and should they go?

 

, , ,

Permanence requirement discrimination on the basis of citizenship

Imperial Oil Limited recently found out the hard way that imposing a Canadian citizen permanence requirement as a job qualification can be a costly mistake.

 

, , ,

Previous Posts