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News and Discussions on Payroll, HR & Employment Law

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Let’s talk ergonomics!

You may be scratching your head at our title. What’s ergonomics got to do with law? Maybe even asking, what the heck is ergonomics? Well in this post we will answer both of those questions and tell you why workplace ergonomics should be on the radar of employees and employers alike.

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Are employees entitled to receive damages for variable compensation during the reasonable notice period?

Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.

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R v Jarvis: the Supreme Court of Canada clarifies the interpretation of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada

On February 14, 2019, the Supreme Court of Canada made a landmark decision in R v Jarvis with its interpretation of the meaning of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada involving a criminal offence of voyeurism.

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Has BC Court opened the door to more court claims of harassment?

Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the 2019-20 Budget, privacy guidelines in Alberta for managing emails and what happens when an employer overpays an employee by mistake.

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Federal government adopts “modern” labour standards

In the fall of 2018, the Federal Government introduced Bill C-86, the Budget Implementation Act, 2018 (“Bill”). This Bill, which primarily implements the 2018 federal budget plans, introduced a large variety of legislative changes to a number of laws. Included amongst the proposed changes is the modernization of labour standards in the Canada Labour Code and the introduction of the Pay Equity Act.

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Bad behaviour and termination

The gut reaction of most employers when they have to deal with an employee who has behaved in an outrageous fashion is to terminate the employee in question without much inquiry into the background of the conduct.

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Plaintiff wins $114,082 but pays costs to the defendant of $200,000

A plaintiff was awarded 12 months notice but because she had been on STD and LTD during this same period, her actual damages were only $14,082. She was also awarded Honda or moral damages of $100,000.

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Clauses to include in an employment contract

Employers in Ontario should require employees to sign an employment contract before starting work.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new statutory holiday, an overhaul of health care and a new minimum wage.

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Human rights – Your duty as an employer

In 2017, 66% of all human rights claims were employment-related. Employers have the duty to be compliant with the Ontario Human Rights Code.

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Court of Appeal says: No tort of harassment in Ontario

In a unanimous decision, the Ontario Court of Appeal has ruled that there is no tort of harassment in Ontario. In Merrifield v. Canada (Attorney General), the Court overturned the trial decision which had found that the tort did exist.

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OLRB rules that when it comes to severance it’s Ontario-based operations alone

In his application, Mr. Hawkes sought review of the January 25, 2017 decision of an Employment Standards Officer (“ESO”), who determined that he was not entitled to severance pay pursuant to section 64 of the Act.

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Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a pay equity questionnaire, the right to disconnect and the salary and salary scales of full-time teaching staff at Canadian universities.

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