First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

employment law

Q&A: When is an employer’s duty to investigate workplace harassment triggered?

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

 

, , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with bonus payments during the notice period, the revised OHIP+ and wages by occupations for 2017.

 

, , ,

Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

, , ,

Recent changes to impaired driving offenses and their effect on Canada’s immigration laws

Once Bill C-46 becomes effective, even impaired driving offences not involving bodily harm or death will be considered serious criminality under IRPA 36(1).

 

, , , ,

Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

, , , , , ,

Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

, , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to personal income tax in Ontario, the legalization of cannabis and its effect on the workplace and a decision in a case of termination of an employee following a workplace harassment complaint.

 

, , , , , , , ,

Measuring the costs of red tape for small business

It was not until more recently that the costs of compliance were measured within Canada. Its burden was often overlooked, and still can be today.

 

, , , ,

Alberta Court of Appeal rules on termination clause

The case of Holm in this article is a good reminder of the importance of drafting clear and unambiguous termination clauses and the consequences of failing to do so.

 

, , ,

Q&A: Suspected use of marijuana in the workplace

With medicinal marijuana already being prescribed by doctors and the upcoming legalization of recreational marijuana just around the corner, this question addresses a real concern shared by many employers across Canada.

 

, , , , ,

Right to terminate BUT in good faith

The decision in this case confirms that termination clauses will not be voided where there is no good reason to do so.

 

, , , ,

Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

 

, , , , , ,

Ontario employment law update: Mid-year report

Much has changed in recent weeks. The Liberal party has been replaced by the PC party as the governing party in Ontario, recreational-use cannabis will become legal on October 17, 2018, more employment standards inspectors have been hired and trained and are now conducting workplace inspections to ensure that employers are complying with Ontario’s Employment Standards Act, and there’s more.

 

, , , , , ,

Senate gives royal assent to Cannabis Act and it will become effective October 17, 2018

The Government of Canada has prepared some instructive material for Canadians in order to ensure that they are generally better prepared for what is to come now that Bill C-45 has received Royal Assent.

 

, , , , , , , ,

Canada Day, statutory (public) holiday

Canada Day is a celebration of Confederation in 1867 and is a statutory (public) holiday in all provinces. This year, Canada Day falls on Sunday, July 1, a non-working day for most. So, what day will employees have off work? Most employers may have opted to give employees the following day, Monday, July 2 as the day off in lieu of Sunday, but some businesses may have chosen the previous Friday (June 29).

 

, , , , , , , , , , , , , , ,

Previous Posts