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Human Rights

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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eHarmony online dating site will be matching job applicants with employers – Is that a good idea?

The media has reported that the online dating website eHarmony will be entering the recruiting business—matching employers with people looking for a job. Beginning first in the United States likely in June 2013, and soon thereafter in Canada, eHarmony plans to use its matching technology used to pair singles looking for love matches in a different way—it plans to help find the perfect employment union. That is, eHarmony will be using its technology to create the perfect harmony between job candidates and employers. How successful will this venture be, and will it change how employers find new employees?

 

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Global Accessibility Awareness Day – May 9

Today, May 9, 2013, is the second year for Global Accessibility Awareness Day! This day is meant to “get people talking, thinking and learning about digital (web, software, mobile, etc.) accessibility and users with different disabilities”

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the difficulty of characterizing the employment relationship as that of independent contractor, the taxability of employer-paid membership fees and the high price of age discrimination.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the drafting of termination clauses to exclude benefits, a collision involving two employees in the employer parking lot entitling them to WSIB benefits and the right of employers to hire employees with certain language skills.

 

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Leave to Appeal Air Canada mandatory retirement case to Supreme Court of Canada dismissed

As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.

 

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‘If you see something, say something’ in the workplace

It’s been a month marred by violence and disruption. In recent days we have witnessed the troubling arrests of alleged terrorists in Toronto and Montreal, the heinous Boston Marathon Bombing, a violent takeover robbery and double-shooting at a Toronto bank, the assault of a Port Coquitlam, BC security guard, and sexual assaults at a Toronto community college to name a few. Each of these incidents had (or would have had) an impact on the workplace.

 

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The impact of human rights legislation on the interview process

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

 

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Slaw: Consolidating labour legislation: Proposed Saskatchewan Employment Act

The new Saskatchewan Employment Act clearly defines the rights and responsibilities of employees, employers and unions… The new Act will improve Saskatchewan’s labour legislation to better protect workers, promote growth and increase accountability

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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Theft is no reason to violate an employee’s rights

Imagine you were working as a clerk in a grocery store, and your manager suspected you of stealing some product off the shelf. She has no concrete evidence, only hearsay from a co-worker. An investigation turns up nothing, and you continue working as though nothing had happened. But the manager notified your employer, and your employer added your name to a database of suspected employee thieves, which all sorts of retailers of all sizes subscribe to in order to avoid hiring persons of questionable character.

 

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Learn the latest! — AODA compliance: Benefits of being ahead of the game

Recently, some of our clients received a notice from the government reminding them to file an Accessibility Report. This was an eye opener to employers who have let the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service compliance deadlines slip through the cracks. Some simply forgot to file. However, others were reminded they have not yet implemented all the Customer Service Standard requirements.

 

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Employers should think carefully before imposing a dress code

While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.

 

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HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace

The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?

 

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