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Employers beware: Punitive damages for improper just cause allegations

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

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Ten things Canadian employers need to know about statutory holidays

Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…

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Bill 148 passes (but not before a few last-minute changes were made)

On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Introduced on June 1, 2017 as a response to the Final Report of the Changing Workplaces Review, Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and most recently, the Occupational Health and Safety Act.

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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety.

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Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

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Best practices for quarterly reporting

Some best practices for quarterly reporting outlined here are focus on the story you want to tell, evolving data and analytics, keep it clean, and tailor the report to the audience.

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2017 AODA reporting deadline

The Accessibility for Ontarians with Disabilities Act (“AODA”) requires organizations that have one or more employees in Ontario to comply with standards. These standards require organizations to establish policies and procedures to assist people with disabilities in five areas.

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Short service employee gets four months’ pay in lieu of reasonable notice

Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors.

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Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

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The official word on unofficial bonus policies

On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements.

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“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

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Remembrance Day may soon be a public holiday in Canada

The request to make Remembrance Day a national public holiday across Canada without removing any existing public holiday continues.

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The legalities of criminal, credit and medical checks in HR

Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.

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