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WorkSafeBC mental disorder presumption

egulatory changes took effect on Tuesday, April 16, 2019 that expanded the presumption for mental health disorders caused by work. The presumption only applies to WorkSafeBC claims and eligible occupations. The initial list of eligible occupations included:

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Do all arbitration clauses in employment agreements violate the ESA?

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

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Can an employee take back a resignation even if the employer accepted it?

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the aging workforce implications, calculation of reasonable notice for a contractor and the significant changes to the Canada Labour Code coming into force in September.

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Preventing Impairment in the Workplace

How can you prevent impairment in the workplace with cannabis usage on the rise due to its legalization?

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Medical marijuana: Limits to consumption in unionized workplaces

A recent labour arbitration decision from Saskatchewan has suggested what the boundaries around workplace consumption of medical marijuana might be.

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Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

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Is GPS data “personal information?”

A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but does the data collected may be considered “personal information”.

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The most common mistakes made in Quebec vacation policies

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards. In this post, we identify four of the most common errors and misconceptions made by employers.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

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An overview of Canada’s Start-Up Business Class

Despite the fact that the United States (and many other western countries) have adopted more restrictive immigration policies, Canada remains relatively open to accepting new immigrants.

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You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

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Labour arbitrator grants interim protection for complainant of workplace sexual harassment

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

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Looking in the mirror: Harassment in legal workplaces

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace romances, longer notice periods and accommodating a disability.

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