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Court of Appeal finds employee’s “unequivocal” resignation equivocal

In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation.

 

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Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

 

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Fixed-term contract costs employer $1.2 million in severance

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

 

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5 questions to consider when exploring the duty to accommodate

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

 

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Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

 

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Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

 

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Workplace data theft – Protect your company with best practices

The Capital One Data Breach has been big news lately, and for good reason. It’s a big deal. This breach compromised the data of over 100 million Capital One customers. Instead of a shadowy overseas hacker or a creepy crawler from the dark web, the hacker was a former employee of the cloud hosting company through which Capital One stored their data.

 

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Are executives entitled to variable compensation after being terminated?

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

 

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PIPEDA Interpretation Bulletin regarding safeguards

The Privacy Commissioner of Canada has an Interpretation Bulletin dealing with privacy safeguards that can serve as helpful guidance for organizations who are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Employer’s duty to investigate under the “Code”

Nelson v. Lakehead University is a noteworthy decision from the Human Rights Tribunal of Ontario as it articulates the complexity of any human rights matter before the Tribunal, and further underscores the employer’s duty to investigate.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with supporting return to work, assessing job applicants with temporary work experience and rolling back labour relations reforms.

 

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Canada without barriers to accessibility by 2040

On November 27, 2018, the House of Commons passed Bill C-81, An Act to ensure a barrier-free Canada, also known as the Accessible Canada Act (the “Act”). The Act received Royal Assent on June 21, 2019 and will come into force on a day to be fixed by order of the Governor in Council.

 

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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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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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