employment law
June 17, 2013 Simon Heath Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Pensions and Benefits, Recruiting and Hiring,
Recently, an Ottawa-based tech company called Momentous Corp. has attracted national attention because it implemented a blanket policy against hiring smokers and advertises that it will hire non-smokers only. In order to reduce its health costs, Momentous prohibits the hiring of or allowing any smoking on its property during working hours…
Absenteeism, addiction, Disability, discrimination based on disability, employment law, hiring smokers, increased insurance costs, lost productivity, nicotine addiction, non-smokers, smoking, smoking ban, smoking during work hours, tobacco
June 14, 2013 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Privacy and Security, Wages and Compensation,
The workplace landscape has drastically changed, and we’re not just talking stand-up desks and exercise balls for chairs. It might come as a shock that as of 2010, over 2.6 million Americans telecommute. That’s over 20 percent of the U.S. working adult population. On a global scale, 20 percent telecommute, and 10 percent of those telecommute everyday…
commuting, computer viruses, data security, employee loyalty, employment law, flexible work arrangements, job perks, malware, managing telecommuters, network access, productivity, sensitive information, stress, telecommuting, telecommuting policy, telework, time management, working remotely
June 12, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation,
It is a fact of life for some entering the labour market—the unpaid internship. For young workers, it is an opportunity to gain experience in a desired field. For employers, it is an opportunity to have recent graduates perform necessary work or apprenticeship at less cost all while assessing suitability for continued employment. Perhaps the modern internship is best explained by the following…
Apprenticeship, assessing suitability for continued employment, collective agreement, employment law, employment standards act, HootSuite controversy, intern relationships, interns, Labour Law, labour market, Ministry of Labour, MOL, ontario, pay minimum wage, policy statement, potential liability, promised a job, skill used by the employer, temps, training, unpaid internship, unpaid staff, vocational school, volunteers, young workers
June 11, 2013 Amery Boyer Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring,
What happens when an employee subject to one-year contracts requests pregancy leave? The employee in this case had been working for the Community Justice Society in Nova Scotia on a one-year contract basis for two years. She asked for a meeting with the executive director because her contract was ending in a month’s [...]
canadian employment law, discrimination, duty to accommodate, employment contract, employment law, employment relationship, employment standards act, human rights board of inquiry, maternity leave, Nova Scotia, termination
June 10, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
The New Brunswick Court of Appeal recently upheld a trial decision that by commencing an action for constructive dismissal, an employee had elected to terminate his employment relationship. In Potter v New Brunswick (Legal Aid Services Commission), 2013 NBCA 27, the appellant, Potter, appealed his dismissal of an action for constructive dismissal. The Court of Appeal found no reversible error and dismissed the appeal.
constructive dismissal, employment contracts, employment law, indefinite suspension, resignation, severance package, suspension with pay, termination, terminations, terms and conditions of employment, wrongful dismissal
June 7, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
Those of us that practice employment law understand that our Courts will not hesitate to deem a termination clause in an employment agreement unenforceable if they are provided with a reasonable basis upon which to do so. In recent times, we have seen two noteworthy cases that have dealt with termination clauses and been decided in favour of the employee. Employers and their counsel should be mindful of these cases as they implement employment agreements, if they hope to be able to rely upon them.
common law, contract of employment, employment agreement, employment contract, employment law, employment standards act, Enforceability of termination clause, minimum requirements of employment standards legislation, mitigation provisions, Notice of termination, notice or payment in lieu of notice, reasonable notice, Severance pay, termination clauses
June 6, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting,
Whistleblowing occurs when employees reveal corporate wrongdoing, usually in their organization, to law enforcement. Unfortunately, it is common for whistleblowers to experience demotion, dismissal and otherwise negative treatment from their employers after they disclose the malfeasance or corruption.
Code of Ethics, criminal code, disclose wrongdoing, employment law, malfeasance or corruption, reprisal, reprisals, terminations, whistleblowers, whistleblowing
June 6, 2013 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Payroll, Standard for Employment, Standard for Information and Communications, Standard for Transportation, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with Alberta’s upcoming minimum wage increase, how excessive absence resulted in culpable absenteeism and a reminder of Ontario AODA compliance requirements due January 1, 2014.
Accessibility for Ontarians with Disabilities Act, AODA Compliance, Attendance management programs, culpable absenteeism, Disability, employment law, Excessive absence, mental health disability, minimum wage, private or non-profit organizations, termination for an employee
June 4, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring,
It is understandably frustrating for employers and human resources managers to try keep up with social media trends. It seems that as soon as employers (or anyone over the age of 25) has figured out the latest social media tool, the masses have moved on to the next one. Likewise it is almost impossible to amend or adapt a “social media” policy with each shift in trend.
conduct and behaviour, confidentiality, employee handbook, employment law, Google, human resources managers, invasion of privacy, job candidates, marketing strategy, offer of employment, online, policy and procedures, policy manual, privacy policy, recruiters, recruitment and selection policy, social media, social media policy, social media research of candidates, social media trends, social networking sites, workplace harassment
June 3, 2013 Stringer LLP Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Privacy and Security, Standard for Employment, Training and Development,
The Psychological Health and Safety in the Workplace – Prevention, promotion and guidance to staged implementation was released by the Mental Health Commission of Canada, the Bureau de Normalization du Québec and the Canadian Standards Association on January 16, 2013. The Standard provides employers with a framework to develop and sustain a psychologically healthy and safe workplace, through the identification and elimination of hazards in the workplace, the assessment and control of the risks in the workplace, the implementation of structures and practices to facilitate psychological health, and the fostering of a workplace culture that promotes psychological well-being.
2013 Employment Law Conference, assessment and control of the risks in the workplace, Bureau de Normalization du Québec, Canadian Standards Association, duty to accommodate mental disabilities, employment law, employment lawyer Landon Young, hazards in the workplace, health and safety management system, HR conference, implementation of structures and practices to facilitate psychological health, Mental Health Commission of Canada, policies and procedures, psychological well-being, psychologically healthy and safe workplace, Reporting and investigations process, Risk mitigation, voluntary workplace mental health standard, workplace policies
May 30, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.
addictions, corporate downsizing, employment law, firing the long-term employee, Health and safety violations, HRinfodesk, just cause for termination, Labour Law, maternity leave, reinstatement, safety incidents, termination, terminations, undue hardship, warnings, wrongful dismissal
May 29, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation,
Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.
discrimination, employee benefits, Employment Insurance Act, employment law, employment standards act, Famiy Status, human rights code, human rights tribunal, leave of absence, maternity leave, ontario, parental leave, pregnancy leave, pregnant employees, prohibited ground of discrimination, reprisal for seeking a pregnancy leave, seniority, statutory leave, Statutory leaves, two weeks written notice, Understanding the rights of pregnant employees in Ontario, unpaid leave
May 27, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation,
With university and college students now finished final exams and looking for summer work, it seems fitting that the latest controversy under the spotlight in the news is that of unpaid internships.
ana bailao, anna aceto-guerin, compliance, employment law, exploitation, exploiting their unpaid interns, finding jobs, graduating students, hootsuite, illegal, illegal? exploitative? the truth on unpaid internships, interns, Ministry of Labour, ontario employment standards act, students, teachers, the truth on unpaid internships, United Nations, unpaid internships, working for free
May 27, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring,
Let’s be honest. As HR professionals, we’ve all probably seen our fair share of oddities in the workplace. From unusual employee excuses for missing work to other hilarious mishaps, some workplaces are anything but boring. Over the past couple of months, the news has been flooded with stories of ridiculous happenings within the workplace. Check out some of the craziest ones of the bunch:
a.j. clemente, Absenteeism, anna aceto-guerin, boss assigns homework to employees, chris holmes, clear path employer services, employment law, Fired, first day on the job, man wrestles shark, missing work, mr. cake, news reporter swears on first day, paul marshallsea, resignation on cake, resignations, ron tuitt, sick leave, teacher urinates in classroom, terminations, unfit to work, unusual employee excuses for missing work, unusual workplace stories, wild workplaces making headlines, workplaces
May 24, 2013 David Hyde Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security,
This column will address the increasingly important subject of crime in the workplace. A review of news headlines across Canada on any given day shows the sheer prevalence and harmful impact of work-related crime. Organizations have a moral and legal obligation to understand the crime threats they face and to take diligent steps in managing crime and security risks.
9/11, business crime prevention, company data breaches, costs of crime at work, crime and violence, crime at work, crime in the workplace, crime threats, crime vulnerability assessment, criminal offences, diligent steps in managing crime and security ris, employment law, faceless victim, moral and legal obligation, part of doing business, requirement for employers to protect employees, risk of victimization, security risks, threat assessment, violent crime, work-related crime, workplace crime prevention, workplace shootings, workplaces
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
