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Duty of care

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

 

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Employers, be careful what you say during pre-employment discussions, it may cost you

The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre–employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre–employment phone conversation. The statement in question was in reference to the Plaintiff’s eligibility for the Defendant’s long–term disability benefits plan. As a result, damages awarded to the Plaintiff for the negligent misrepresentation totalled nearly $100,000.

 

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Don’t make promises you can’t keep (even inadvertent ones) – a good lesson for all BC employers

health-benefits

The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with sick-leave benefits; failing to reasonably protect employees; and, employee duty of care.

 

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British Columbia workers’ compensation policies take effect Friday, November 1

In March 2013, the Workers’ Compensation Board released three new policies on the duties of employers, workers and supervisors with respect to workplace bullying and harassment. These policies come into effect on Friday, November 1, 2013.

 

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HRinfodesk poll result and commentary: Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)?

Four hundred and sixty-two people responded to our recent poll, Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)? Of the respondents, 167 (36.15 percent) indicated yes. However, 148 (32.03 percent) disagreed and 147 (31.82 percent) were not sure. So, what is the right answer?

 

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Safety and security for business travellers: a legal and moral imperative for Canadian employers, part 2

In some cases, business leaders fail to recognize that employee travel falls within the physical scope of workplace activities. In other cases, decision-makers believe that only those travelling to international high-risk destinations require any type of security protection. In most organizations, there is also a gap in knowledge when it comes to travel security, contributing to a lack of risk awareness and fragmented ownership of the function within the organization.

 

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Safety and security for business travellers: a legal and moral imperative for Canadian employers

When it comes to employee travel, the risk landscape is changing for Canadian employers. The nature and extent of security and safety risks faced by today’s business traveller are expanding, and conditions on the ground for international travellers are becoming more unpredictable. In parallel with these changes, we are witnessing a tidal wave of new occupational health and safety statutes and regulations aimed at preventing work-related violence, including recent examples in Ontario, Manitoba and Newfoundland.

 

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Duty of care and sending employees abroad: How much do organizations need to care?

More and more organizations are asking the question: “What are the responsibilities associated with managing a travelling workforce?” This question has been increasingly relevant as of late, with a number of Canadian companies taking notice of the recent events in Egypt, Libya, and Japan.

 

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