On March 21, 2017, at a breakout session during a convention on the topic of Canada legalizing marijuana, a spokesperson for the Saskatchewan Workers’ Compensation Board says employers should have policies in place before Canada legalizes marijuana, because it could affect safety on the job.
In addition to examining this statement by Saskatchewan WCB, this article also discusses if medical marijuana is a covered medical expense under workers’ compensation.
With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]
On March 22, 2017, Canada’s Finance Minister Bill Morneau tabled the Liberal Government’s Federal Budget 2017, Building a Strong Middle Class, which includes various measures affecting payroll, and an abundant amount of measures that would be of interest to employers, including the extension of maternity leave to 18 months, the electronic distribution of T4 information slips, and the elimination of various tax credits.
The relationship between employee alcohol use and work is complex. In Ontario, there are specific legal obligations which apply, and employers must exercise caution. Without a proper understanding of their legal obligations, employers face a minefield which may unwittingly result in unwanted liability.
The three popular articles this week on HRinfodesk deal with: Canada Revenue Agency form T2200, Declaration of Conditions of Employment; clarification on the definition of “critical injury” in Regulation 834 under the Ontario Occupational Health and Safety Act; and the issue of corporate structure and employment standards obligations.
On March 6, 2017, President Trump signed a new executive order (the “New Order”), implementing a new travel ban. However, unlike the original travel ban (which became effective immediately), the New Order will become effective at 12:01 am EDT, on March 16, 2017. This 10–day delay is intended to provide sufficient time for affected parties (including international airlines and government agencies) to prepare for the ban, in an attempt to avoid the same confusion caused by the original travel ban.
In a recent case, the Ontario Court of Appeal upheld a substantial award of moral damages to an employee subjected to long–term sexual harassment, after she made a formal complaint to her manager.
The three popular articles this week on HRinfodesk deal with: How sleep and exercise may prevent the spread of harmful behavior across work and home life; a decision that may be helpful for employers who are faced with long delays in prosecutions of health and safety and other regulatory offences; a case that addresses without cause terminations and bonus payouts.
Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?
Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.
The U.S. 2016 presidential election and post-election are causing much debate, criticism and protest outside of America. Canadians have actively participated in public marches and protests in response to Trump’s comments and proposed policies, as well as the recent proposedU.S. ban on entry to that country from certain Muslim nations. In this context, employers are right to ask whether workplace partisan political arguments fit in the workplace.
Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract may oust the employer’s obligation to provide reasonable notice, so long as the termination clause actually limits the employee’s entitlement to notice, without violating employment standards.
Contravention à une disposition en matière de santé et sécurité du travail? Une accusation d’homicide involontaire coupable pourrait en résulter!
La Cour supérieure a rendu une décision qui élargit la portée du Code criminel dans le cas de violations de dispositions en matière de santé et sécurité du travail. Dans Fournier c. R., la Cour supérieure indique qu’une accusation d’homicide involontaire coupable peut être fondée sur une infraction de responsabilité stricte en matière de santé et sécurité au travail.
The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.