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Training and Development

Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

 

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A discussion on performance improvement plans

If an employee has performance issues, and the employer is committed to providing the employee with the opportunity to correct poor performance before terminating their employment, the employer should use a performance improvement plan or PIP to identify in writing such performance issues and make a plan to fix them.

 

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Managing employee risk requires a culture of compliance

Companies need to know how to measure and analyze compliance data so they can take any necessary actions before something unethical or illegal happens. High-quality data sources with predictive power enable companies to assess their current culture of compliance and take prompt action when needed.

 

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Millennials at Work: Common Legal Issues

This emerging new workforce of millennials is as engaged as ever, keen to participate in a meaningful way without merely clock-punching, and can bring an important perspective to any workplace looking to continue being relevant in the modern workforce.

 

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Recent amendments to Alberta’s Occupational Health and Safety Code bring big changes to Alberta workplaces

This blog provides a summary of some of the key changes to the Alberta’s Occupational Health and Safety Code relating to joint work site health and safety committees, health and safety representatives, harassment and violence.

 

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The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

 

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2018 will be a pivotal year for employers and HR managers in Ontario – #LearnTheLatest

With most of the amendments of Bill 148 now in effect—along with significant updates to OHS and WCB provisions, the upcoming legalization of recreational marijuana, and more on the way—there are many substantial changes employers in Ontario have to deal with now and throughout 2018.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Remembrance Day Bill enactment, the release of the 2017 sunshine list, and the federal cannabis regulation consultation feedback report.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new online course on impairment and cannabis in the workplaces, accessibility standards for employment and a new WSIB guide and app for businesses.

 

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Leaders are persuasive rule-breakers

The hallmarks of senior leaders is not high scores in outgoingness or charisma, and leaders’ level of dependability and conscientiousness is not different from that of others. Instead, it’s the willingness to take action, bring others along, and remain open to new opportunities and better ways of doing things that make effective leaders.

 

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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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Update regarding the Metron Construction case: Kazenelson’s appeal dismissed, 3.5-year sentence upheld

Over the past couple of years, I have written about the story regarding the project manager involved at the work site where Metron Construction Incorporated (Metron) was repairing 18-story apartment buildings using a swing stage. The charges arose from an incident where five workers employed by Metron fell more than 100 feet to the ground when the swing stage on which they were working suddenly collapsed. Some developments in this matter have occurred.

 

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Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.

 

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Is the rule of law at risk in Ontario?

Rule of law

Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm.

 

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Employee’s secret recording of meetings with management contributes to finding of just cause for dismissal

A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.

 

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