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