North American Occupational Safety and Health Week 2012
Friday, May 4th, 2012
North American Occupational Safety and Health Week 2012 starts May 6, 2012…
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Archive for the ‘Human Resources’ Category
Arbitrators appointed for Air Canada pilots and machinists
Friday, May 4th, 2012
I wrote recently about the Air Canada back-to-work legislation and the unions’ challenge to this legislation that it violated the Canadian Charter of Rights and Freedoms. Well, now, the arbitrators have been appointed for the labour disputes, notwithstanding the recent constitutional challenge. It has been decided that Douglas Stanley will be dealing with the pilots’ dispute, and [...]
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Slaw: Psychological health and safety: An action guide for employers
Thursday, May 3rd, 2012
On April 27, 2012, the Mental Health Commission of Canada (MHCC) launched Psychological Health and Safety: An Action Guide for Employers to help Canadian employers protect their employees’ mental health. The guide was co-authored by Merv Gilbert, PhD, and Dan Bilsker, PhD, from the Centre for Applied Research in Mental Health and Addiction at Simon [...]
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When is incompetence cause for dismissal?
Thursday, May 3rd, 2012
If establishing just cause for dismissal is considered to be a difficult task, then doing so on the basis of incompetence might be seen as almost impossible. It is certainly among the toughest of grounds to establish, particularly since it does not involve “misconduct.”
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What’s wrong with this picture? Settlement excludes amount of vacation pay owing
Tuesday, May 1st, 2012
In Ontario, employers owe vacation pay on employee wages. Wages are defined in section 1 of the Employment Standards Act to include “any payment required to be made by an employer to an employee.” Here is where it gets tricky. In Ontario, the employment standards may require two separate types of payments to an employee who is terminated without cause.
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Why it is never a good idea to dismiss an employee by email
Monday, April 30th, 2012
A human resource person in one of the largest insurance company in the UK mistakenly fired 1,300 global employees in its investment unit by email. The email asked them to turn over their security credentials and company property on their way out and to remember their contractual obligation pertaining to confidential information. Oops! The email was only meant to go to one employee.
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Employer paid no notice or severance when it terminated employee of 36 years without cause
Friday, April 27th, 2012
The Ontario Superior Court of Justice just decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs award
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April 28, Day of Mourning across Canada
Friday, April 27th, 2012
On April 28 of each year, we honour workers who have lost their lives as a result of workplace injury or disease with the Day of Mourning.
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Slaw: Privacy management guide aims to improve accountability
Thursday, April 26th, 2012
The privacy commissioners of Canada, Alberta and British Columbia have developed a guide to help organizations implement an effective privacy management program that meets private-sector privacy legislation and to provide consistent direction on what it means to be an accountable organization when dealing with individuals’ personal information…
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Federal government to appeal prostitution ruling
Thursday, April 26th, 2012
On April 25, 2012, the Federal government announced that it will appeal the Ontario Court of Appeal decision that struck down Canada’s prostitution laws as unconstitutional, specifically the Criminal Code provisions prohibiting “keeping or using a common bawdy house” and the “living off the avails of prostitution” provision…
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Can an employer argue cause when discovered after dismissal?
Wednesday, April 25th, 2012
An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.
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Hockey players and workplace health and safety
Tuesday, April 24th, 2012
Hockey players get paid to be hit. The reverse is also true; many hockey players are paid to hit. For hockey players, violence is part of the job. This job has clearly been taken up a notch this year for the playoffs. Even Sid “the Kid” was renamed “Vicious Sid” in a recent headline.
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Video surveillance and the workplace – Part 2
Friday, April 20th, 2012
A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…
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Government of Canada will cancel federal skilled worker cases filed prior to 2008
Thursday, April 19th, 2012
Citizenship and Immigration Canada will close the files of federal skilled worker applicants who applied before February 27, 2008, and for whom an immigration officer has not already made a decision based on the applicable selection criteria by March 29, 2012. This proposed legislation is expected to affect about 280,000 applicants, including their dependants.
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CIC announces language testing requirements for certain PNP applicants
Thursday, April 19th, 2012
On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada’s Provincial Nominee Programs (PNPs). As of July 1, 2012, most PNP applicants for semi-skilled and low-skilled professions will have to undergo mandatory language testing of their listening, speaking, reading and writing abilities and meet a minimum standard across all four of these categories before they can qualify for a nomination certificate.
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