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Recruiting and Hiring

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

 

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Celebrating Canadian Multiculturalism Day

Canadian Multiculturalism Day is celebrated on June 27 each year. According to the Government of Canada, Canadian Multiculturalism Day is an opportunity to celebrate the country’s diversity and its commitment to democracy, equality and mutual respect, and to appreciate the contributions of the various multicultural groups and communities to Canadian society.

 

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The non-competition clause – Drafting and cautionary notes

A non-competition clause (or non-compete clause) is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with terminating independent contractors, offering a promotion without a pay increase and BC’s new employer health tax.

 

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Court of Appeal upholds non-solicitation clause against departing employee

All employers should seriously consider including a property drafted non-solicitation clause in the employment contract of any employee who has a close working relationship with the organization’s customers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with police record checks, the notice period in termination clauses and new pay transparency legislation in Ontario.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with police record checks, public holiday calculation and the Ministry of Labour’s update to the workplace health and safety guide.

 

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Social media and recruitment

Social media is now a part of our lives, including our work lives. While it can be an important tool, employers need to use their good judgment and use it wisely.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay transparency legislation, the taxability of employee discounts and privacy during the hiring process.

 

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Ontario court overturns just cause dismissal and awards over $97,000 in damages

It is acknowledged by the courts that a just cause dismissal in employment law is tantamount to “capital punishment in the criminal justice system.” While just cause dismissal does require that a high threshold first be established, it will, in certain circumstances be an appropriate and necessary response.

 

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Improving accessibility standards for employment

Accessibility sign

The Ontario government is updating the accessibility standards for employment to make employment more accessible to people with disabilities.

 

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Startup employment contracts

Canadian startups and any company for that matter should have an employment contract for all new hires. An employment contract helps both parties understand the employment relationship, protects the start up in the event of the termination of employees and it can also serve as a useful mechanism to attract good employees.

 

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Sexual harassment and Valentine’s Day

Employers need to be aware of the sexual tensions at play in an office, or risk being held liable for failing to address a poisoned work environment. For example, if two co-workers had a relationship and then broke up, and one is now showing revealing photos of the other around the office, this likely creates a poisoned work environment for the depicted employee. Though a manager may be tempted to deem the matter personal, the employer has an obligation to protect the employee.

 

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Wal-Mart employee awarded $250,000 in moral damages and $500,000 in punitive damages

Wal-Mart was found to have breached its duty as it was trying to find a new position for Ms. Galea. I don’t know if this case will turn out to be an outlier, but in the meantime employers should be very careful when dealing with an employee who is between jobs within the organization.

 

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Employee awarded 12 months’ pay and $24k in legal fees from employer who undermined her efforts to find new employment

In a recent case titled Ste-Croix v. Al-Hashimi and Jawad Dentistry, following a termination without cause the Ontario Superior Court of Justice canvassed what constitutes “reasonable notice” and the factors the court will consider, what comprises reasonable efforts to mitigate damages, and when a motion for summary judgment is preferable to an unnecessary trial.

 

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