The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.
On November 27, 2013, Quebec’s National Employment Insurance Review Commission released its report regarding the impact of the federal government’s 2012 changes to the Employment Insurance (EI) program. The report makes 30 recommendations, with three key recommendations calling for the provincial and federal governments to negotiate an agreement giving Quebec the power to manage its own EI system to meet the needs of the province’s labour market.
Three of the most popular articles this week on HRinfodesk deal with an excessive termination for a safety violation; an harassment complaint based on the prohibited ground of gender and how human resource issues can be challenging for volunteer boards of not-for-profit.
On December 1, 2013, the 8th annual Canadian Law Blog Awards (a.k.a. the Clawbies) started receiving nominations for the best outstanding Canadian law blogs for 2013. Closing date to submit your choices is Friday, December 27th, with the winners being announced on New Year’s Eve. Our three nominations for #clawbies2013 are…
Who doesn’t like to give or receive a gift, especially around holiday times? It is common practice (even expected practice) in some industries to recognize clients or customers with some sort of gift. Employers should ensure that it has adequate policies to inform and advise employees of the conduct and behaviour that is expected of them in the context of the industry in which the employer operates.
Three popular articles this week on HRinfodesk deal with an employer’s miscalculation of the employee’s notice period; how an Alberta employer paid the price for failing to accommodate an employee’s disabilities; and Ontario’s new mandatory occupational health and safety training.
Employers will often seek to respond to downturns in their business by temporarily reducing head count, with the hope of having those employees return to work when the business improves. This is often referred to as a temporary lay off. Many employers inquire as to their right to temporarily lay off employees, generally in response to financial constraints of the business.
Elizabeth Witmer, who has held the position of WSIB chair for over a year now, recently reported that the WSIB has made significant progress in the quality of service it provides to Ontario workers and employers.
Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.
Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal
Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.
The three most viewed articles on HRinfodesk this week deal with expanding their disability management programs; a zero tolerance approach to a grievance arising from a case of sexual harassment and assault; and the Canada Pension Plan 2014 contribution rates,
Cold and flu season has arrived. Cold and flu spread more easily in the cold winter months because they thrive in colder, less humid environments. Thus, between October and February of each year, virtually thousands of employees get sick with the cold and/or flu, and that translates into lost work time, reduced productivity and disruption of workplace operations. As we all know, the flu can wreak havoc in the workplace as it spreads very quickly. What can employers do to minimize the impact of colds and influenzas (flus) on the workplace?
Monday November 11, 2013, Remembrance Day, public holiday in some jurisdictions/memorial day in others
In Alberta, British Columbia, Saskatchewan, Northwest Territories, Nunavut, Yukon, Prince Edward Island, New Brunswick and Newfoundland and Labrador Remembrance Day is a paid public (statutory) holiday under their respective Employment/Labour Standards Acts.