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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa

In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then shifts to the respondent to justify their conduct.

 

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What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees?

Employers must issue the ROE within five days after the employee’s last day of work, regardless of the reason why the employee left (i.e. termination, resignation, etc.).

 

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Is your HR reporting effective? Maybe it’s time to re-think your approach

Here are 3 questions to help you assess whether you have effective reporting and suggestions for making sure you’re hitting the mark. These are the questions that should be asked of any reporting that is done with a regular cadence.

 

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Ontario Bill 148: Are you really prepared?

On August 23, 2017, the Ontario Liberal Government met for the 1st reading of Ontario Bill 148 Fair Workplaces, Better Jobs Act. There has been much concern in the public eye regarding the highlight of this act which states a 33% increase to minimum wage in just under 6 months.

 

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Pregnant temporary worker files human rights complaint after termination

Many employers in Canada use temporary workers supplied by employment agencies so that they don’t have to have full time employees and the obligations associated with full time staff such as severance, benefit and other monetary entitlements.

 

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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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