Wages and Compensation
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.
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.
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.
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.
One aspect of the law relating to termination of employment that has developed in recent years is the obligation of an employer to fairly and thoroughly investigate alleged misconduct before taking disciplinary action. Several decisions over the past few years have made it clear that if an employer fails to investigate, or fails to investigate properly, before dismissing an employee for cause, they are likely to face damages for wrongful dismissal, as well as extraordinary damages relating to the matter of dismissal and the impact on the employee.
The three most viewed articles on HRinfodesk this week deal with the final updates on the 2014 compensation forecasts; the impact of a 2008 amendment to the Ontario Human Rights Code resulting in the first award from an Ontario court for human rights damages in a wrongful dismissal case; and how a fight instigator was terminated and others involved let off.
The Ontario Ministry of Labour (MOL) conducts inspections to ensure compliance with the Employment Standards Act, 2000 (ESA). The MOL targets employers in (as they put it) “sectors where there is a history of employment standards violations and where vulnerable workers are employed.” Thankfully, at least the MOL announces the targeted sector so that employers can prepare. This time, the target is the retail industry.
Thanksgiving Day in Canada occurs on the second Monday in October every year. This year, Thanksgiving Day falls on Monday, October 14.
The three most viewed articles on HRinfodesk this week deal with an updated version of the 2014 compensation forecast; how the principle of a pay cut without consideration prevails; and the termination of an impaired employee despite mitigating factors.
Just like pre-nuptial agreements, employers should contemplate termination when their employment contracts are drafted. A recent case illustrates why it is important to include a legally enforceable termination clause in an employment contract for all employees.
The three most viewed articles on HRinfodesk this week deal with Ontario’s increase to the employer health tax exemption and how the province is interpreting employment relationships in relation to the tax and the how a discriminatory dismissal decision was overturned by the Divisional Court.