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Is working notice appropriate while an employee is medically incapable of working?

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario’s plans to regulate and manage the sale of cannabis, pay raises in 2018 and workers living paycheque to paycheque.

 

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Clock on limitation period for wrongful dismissal claim starts on day of notice – not last day worked

A recent decision of the Ontario Superior Court of Justice confirms that the limitation period in respect of a wrongful dismissal claim commences on the day that the employee is provided notice of the termination, not on the last day the employee works.

 

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Le délai de prescription d’une action pour congédiement injustifié court à compter du jour du préavis – et non à compter du dernier jour de travail

Dans une récente décision, la Cour supérieure de justice de l’Ontario confirme que le délai de prescription d’une action pour congédiement injustifié court à compter du jour où l’employé reçoit le préavis de congédiement, et non à compter de son dernier jour de travail.

 

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Entitlement to bereavement leave in Ontario

How much paid bereavement leave is an hourly employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to personal emergency leave?

 

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Pink jobs vs. blue jobs: Sexism in the skilled trades

In August 2017, the federal government launched a $73 million work-placement program for students through paid co-op opportunities in industries such as science, engineering and skilled trades. This is one of many examples of recent initiatives attempting to attract more people into the skilled trades. Both federal and provincial governments have acknowledged a shortage of workers in the trades and are working on ways to incentivize people – especially women – to enter fields like electrical work, construction and carpentry.

 

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“Too pretty to drive a forklift”: Employee awarded considerable damages for workplace harassment and discrimination

This article details the outcome of the case of a woman who suffered repeated workplace harassment and discrimination and her employer’s failure to accommodate her reasonable requests for accommodation of both her pregnancy and disability, as defined under the Human Rights Code.

 

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Notice to TIFF attendees: Watch out for Canada’s immigration laws

As in previous years, the Toronto International Film Festival (“TIFF”) is expected to receive thousands of visitors from around the World. However, many of these visitors are not aware that relatively minor offences can prevent them from entering Canada.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how working notice is not appropriate when an employee is on a medical leave, Canadian salaries are expected to increase 2.3 percent in 2018 and the OHIP+: Children and Youth Pharmacare program launch.

 

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Dependent contractor receives 12 months pay in lieu of notice

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.

 

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An employer’s duty to inquire into mental illness

Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.

 

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Update on express entry

Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent residence under one of the following categories:

 

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How to create an organizational culture

In our fast paced and ever changing world it is also important to avoid being locked into a single culture in a manner that does not allow for change. The best culture is the best culture at this time, but that doesn’t mean it will be the best culture tomorrow.

 

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Parental obligations in the workplace

For many of us who are parents, September feels like the real New Year. Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally.

 

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Ontario’s employment and labour law reform Bill continues to undergo changes

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.

 

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