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Compensation for Employers of Reservists Program update: Part 2

As you may recall, we at Human Resources PolicyPro have been following up on the Compensation for Employers of Reservists Program (CERP) since 2015. On February 3, 2017, the federal government announced the roll–out of the CERP.

 

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Former employee successfully sued for defamation for Facebook posts

In recent years, careless, or let’s say, less than sensible comments on social media have gotten countless employees in trouble with their boss. Employees who have used Facebook as a forum for posting threatening language and vile insults about a supervisor or offensive accusations about the company they work for have quickly been shown the door; and arbitrators and labour boards are often prepared to uphold these dismissals.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario’s current and upcoming minimum wage; whether the terms of an employee’s employment contract could be implied because of industry practice; and Ontario Human Rights Commission’s new report, Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants.

 

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WCB to employers: You need policies before Canada legalizes marijuana

Canada legalizes marijuana

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.

 

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Are employees of a marijuana dispensary protected by employment standards?

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 […]

 

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Home renos and employment agreements: How employers can avoid the money pit

With home repairs, there is risk in DIY. Similarly, employment agreements require the input of an expert. If you’re not an employment lawyer, don’t try this (i.e. drafting or revising an employment agreement) at home.

 

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Federal Budget 2017-18

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.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.

 

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Probationary clauses: A double-edged sword for employers

Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether an individual is suitable for a position. In the absence of an express term in an employment contract, employees in Canada are entitled to reasonable notice of termination at common law when they are dismissed without just cause. Many employers put terms in their employment contracts, such as probationary clauses, which limit this entitlement. However, employers may not always be clear on the implications of such clauses.

 

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Fast food firing leads to aggravated damages

A recent BC Supreme Court decision finding a fast food employee was wrongfully dismissed and entitled to aggravated damages has been making newspaper headlines across the country. Ms. Ram had worked as a cook in various Burger King locations for 24 years, and was terminated for just cause after taking home a fish sandwich, fries and a drink at the end of her shift without paying for them. Ms. Ram’s claim was heard over a seven day trial, resulting in a lengthy decision.

 

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Business and booze: Dealing with alcohol in the workplace

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.

 

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Contract enforceability: Signing the employment contract prior to the start date

When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if the contract can be set aside. If the contract can be declared void, the employee can try to pursue the typically much greater common law damages. There are several grounds upon which courts have set aside either the full contract or at the least, the termination provision. This blog post will focus on the issue of signing the contract prior to the start date.

 

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Three popular articles this week on HRinfodesk

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.

 

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Employee’s age justifies wrongful dismissal damages of 24 months

Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.

 

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Probationary period clause gets employer into hot water

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

 

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