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Human Rights

HR and IT: An uneasy alliance

HR is being called on to focus primarily on strategic goals and to add increasing value to organizations. The other field that has become an integral part of business is technology. It is therefore not surprising that in HRs effort to become increasingly relevant, IT is being leveraged in the execution of the HR function in an increasing number of ways. This e–HR revolution has taken many forms, from applicant tracking systems, to machine learning in recruitment and selection to software driven onboarding and employee HR support. The consequence of this is that more and more HR activities are being executed electronically—by a computer instead of by a person.

 

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Dealing with marijuana in the workplace

I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of medical marijuana and how employees using it should be treated. The issue of marijuana in the workplace has generated a lot of attention, but what have our courts, arbitrators and tribunals said about it? A review of decisions addressing dismissal for workplace usage or possession of marijuana shows an inconsistent treatment which is consistent with the early stages that we are in.

 

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Protecting employees from social media harassment

It is well known that employees have certain legal obligations to their employer with respect to the content of their social media profiles. An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees.

 

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The AODA Employment Standards: Are you meeting the new requirements?

We know that the AODA employment standards requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, employment contracts, job postings and applications to ensure they are consistent with the new accessibility standards.

 

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Why is domestic violence more often becoming a workplace responsibility?

domestic-violence

It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread.

 

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Res judicata revisited at HRTO and OLRB

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar.

 

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2017 workplace resolutions and fresh starts

January is a month of resolutions, fresh starts, and goals. It’s also a good time to run away from 2016 and the upsets and surprises the year rolled out. Here are 3 lessons that 2016 taught us as we all dig in to a new year in the workplace.

 

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Family status accommodation: How to respond to requests

Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.

 

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HR law and payroll 2017, what is in store?

At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.

 

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Top 10 most read First Reference Talks posts 2016 & Season’s Greetings

2016 Top 10 First Reference Talks

We are signing off with a list of the top 10 most read First Reference Talks posts 2016. Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read First Reference Talks posts […]

 

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Public holiday reminders for the 2016-17 holiday season

The holidays can either be considered the most relaxing time of year or the most stressful. It is a time where families and friends gather, gifts are exchanged, and countless desserts are indulged. However, leading to that point of unwinding can be stressful for many, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, employers should not neglect their responsibilities to employees under the law when it comes to time off during the holidays (i.e. statutory (public) holidays).

 

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Discrimination and a decision on remedies

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

 

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Managing toxic employees in the workplace

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.

 

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Gender identity and gender expression

Following our previous post on the British Columbia government’s bill to amend the Human Rights Code (Code) earlier this year, the bill recently received royal assent and gender identity and gender expression are now expressly included in the Code as protected grounds. Though the meaning and application of these new protected grounds will need to be fleshed out by Tribunal and court decisions, the Tribunal’s website now provides the following descriptions…

 

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