First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Recruiting and Hiring

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.

 

, , ,

Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

, , , , , ,

Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

, , , , ,

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.

 

, ,

Termination clauses: Not just for indefinite employees

In a recent decision, Ontario’s Divisional Court reminds us of the importance of proper termination clauses in fixed term contracts. In Ferguson v. Mitsche & Aziz Inc., the Divisional Court upheld a Small Claims judgment awarding the maximum $25,0000.00 limit in damages to an employee who was dismissed five months into her one-year fixed term contract.

 

, , , ,

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.

 

, , ,

Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

, , , , ,

Creating a better onboarding process to ensure employees represent company values

Setting up an intentional and well-designed onboarding process is critical for companies who want staff to represent their company values. The first day and first several weeks on the job have a significant influence on whether employees embrace company values and whether they stay for the long haul.

 

, , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

, , , , , , , ,

Will a judge enforce the termination clause in your organization’s employment contract?

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

 

, , ,

Severance for sales people

This article examines whether employers must include commissions, in addition to base salary, when calculating severance pay for sales people.

 

, , , , ,

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.

 

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

Solve workplace parking problems in no time

Workers who commute to their offices by car can be exposed to situations that put them at a disadvantage at their workplaces due to parking-related lateness or tension between workmates over parking spots. According to the research, over half (54%) of office workers are risking job prospects because of such incidents.

 

, , ,

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