First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Human Rights

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.

 

, , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the employer pay equity monitoring program, music and productivity at work and the Ontario Ministry of Labour’s stakeholder consultations for the Safe At Work Ontario strategy.

 

, , , ,

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.

 

, , , ,

Record human rights damage award for injury to dignity, feelings and self-respect: AB v Joe Singer Shoes Limited

The Human Rights Tribunal of Ontario has awarded a record $200,000 as a human rights damage award in the case of AB v Joe Singer Shoes Limited, where the employee suffered injury to dignity, feelings and self-respect resulting from repeated sexual assault and harassment.

 

, , , ,

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.

 

, , , , , , , , , ,

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.

 

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

Q&A: Critical illness leave to take care of parent outside of Canada

In this conference Q&A, we address whether employees are entitled to take critical illness leave to care for a parent who is not in Canada.

 

, , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.

 

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

There’s a tidal shift happening in human rights – Part II are employers ready for Bill 164?

Bill 164 aims to expand the current protection offered by the Ontario Human Rights Code in relation to citizenship, race and place of origin to add immigration status, which will essentially eliminate an employer’s ability to discriminate on the basis of how long someone has been in the country.

 

, , , , , , ,

HRTO creates new rule for employers regarding citizenship-based recruitment criteria

It is both advisable and appropriate to confirm that an employee is legally eligible to work in Canada at the time of hire. But the inquiry should stop there.

 

, , , ,

Previous Posts Next posts