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Bill 17: Proposed changes to Alberta’s Employment Standards Code

On May 24, 2017, the Government of Alberta tendered and passed first reading of Bill 17: Fair and Family-friendly Workplaces Act.

 

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Ontario Court of Appeal addresses the issue of what constitutes mitigation income

The Court addressed the issue of what constitutes mitigation income for purposes of assessing any required deductions from common law entitlements.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Changing Workplaces Review final report; employee wrongfully dismissed awarded $46,000 in damages; and employer successful in challenging worker’s entitlement to cost relief.

 

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Important decision regarding mitigation of damages following termination

The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., recently clarified the law of mitigation.

 

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While there may be damages for employee’s lack of resignation notice, there is no reliable substitute for an enforceable restrictive covenant…

A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer can expect to recover. It also underscores the value of an enforceable restrictive covenant.

 

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Medical marijuana: A high cost to employers? #learnthelatest

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

 

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Changing Workplaces Review final report: Sweeping changes to Ontario employment law coming

On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that endorse significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with […]

 

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Victoria Day, public (statutory) holiday in Canada

In Canada, Monday, May 22, 2017 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces.

 

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Ontario considers big changes to Employment Standards Act and Labour Relations Act

For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

 

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Is it work-related? Novel workers’ compensation decisions deal with harassment and assault #learnthelatest

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

 

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The end of accommodation? Frustration of the employment contract as a last resort

One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act and the Human Rights Code is to promote accessibility and accommodation in various forums, including the workplace. However, when it becomes clear that, despite accommodating an employee to the point of undue hardship, a disabled employee will never again be able to return to his or her job or be accommodated in another position, what can an employer do?

 

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Will distracted driving kill your employees?

Operating a motor vehicle for work is more than driving a truck, cab or ambulance. Anyone driving from home to a location different from their usual workplace, or travelling for work, is usually “in the course of employment” under workers’ compensation law. Thus distracted driving is very much an employer responsibility and risk.

 

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Employer unsuccessful in voiding unfavourable termination clause

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

 

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Dealing with a Claim: Getting sued by an ex-employee

What is an employer to do when served with a Statement of Claim? Here are the most common questions we get: 1. Is a response mandatory or can we ignore the claim? 2. How do we get rid of this ridiculous claim? 3. How much is this going to cost?

 

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