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News and Discussions on Payroll, HR & Employment Law

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Disability benefits

Frustration of contract

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

 

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Court finds abandonment for failure to return to work or provide medical

Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information.

 

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The DSM-5 – Increased costs for employers?

The DSM-5 has arrived. Despite what employers and disability providers may think about the changes, there is no choice but to deal with this revised and authoritative text on mental disorders.

 

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Most-viewed articles this week on HRinfodesk

Employer properly withheld documents in access to information request Alberta’s privacy commissioner confirmed that an employer properly withheld certain information from an employee because the personal information of a… Ontario Court of Appeal upholds nearly $200,000 in damages for loss of disability benefits during common law notice period Reasonable notice under the common law requires […]

 

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Court of Appeal confirms entitlement to disability benefits

Most employers are familiar with the potential legal exposure to damages that arises from dismissing an employee without cause. The damages are normally quantified by the value of compensation the dismissed employee would have received during the agreed-upon or court-ordered period of reasonable notice. However, most employers would not contemplate the possibility of having to pay the dismissed employee the value of disability benefits he or she would have received under a disability insurance policy until age 65…

 

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Reminder: Canada Pension Plan (CPP) benefits and the Post-Retirement Benefit effective January 2012

An earlier First Reference Talks blog post dealt with CPP contribution changes effective January 2012. This post will deal with changes to the Canada Pension Plan (CPP) benefits and the Post-Retirement Benefit your employees need to know.

 

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Myths and misunderstandings regarding employees on leave

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

 

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Employer and insurer both breached privacy of employee

The Office of the Information and Privacy Commissioner of Alberta has determined that an employer violated the Personal Information Protection Act and the Freedom of Information and Protection of Privacy Act when it disclosed more information than necessary to determine the employee’s eligibility for disability benefits, and that the group insurance provider used the information without consent.

 

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LTD claims by dismissed employees

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…

 

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Obligations to disabled employees

Dealing with disabled employees can be a vexing issue for most employers. A number of questions arise when an employee takes time off either temporarily or permanently due to a disability, whether physical or mental. These issues include:

 

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