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Potential reprisal complaint on the horizon? Act fast!

Where an employee may argue that they were terminated due to raising health and safety or workplace violence/harassment concerns, they have an avenue for redress open to them under the Occupational Health and Safety Act.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with motor vehicle allowances, upcoming employment law changes and employer-provided transportation from the CRA’s perspective.

 

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Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

The first issue in Filice for the Court of Appeal was whether the without pay suspension constituted constructive dismissal. The Court first cited the two-branch test set out by the Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission (2015).

 

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Managing employer risk through employment practices liability policies

Litigation arising from employment disputes continues to be an active area of exposure for businesses. The most common claims are wrongful dismissal, harassment, or discrimination by an employer, fellow employee, or third party.

 

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“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

 

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Off-Key? The Boston Symphony and gender-based equality in pay

The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new version of the ESA poster, per-kilometre rates for motor vehicle allowances and a summary of employment law changes in Alberta.

 

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Negligent misrepresentations during the interview process

The BC Court of Appeal decision in Feldstein v. 364 Northern Development Corporation provided employers with a reminder that negligent misrepresentation during the hiring process can prove to be a costly mistake.

 

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Expanding the obligations of federal employers – Anti-harassment and violence provisions to be added to the Canada Labour Code

On October 25, 2018, An Act to amend the Canada Labour Code (harassment and violence), and the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (the “Act”) received Royal Assent.

 

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Arbitrator states worker’s use of medical cannabis results in “unacceptable increased safety risk”- grievance dismissed

Increased safety risk arising from cannabis impairment in the workplace can amount to undue hardship. This will likely continue to be the case until there are reliable technologies that can accurately and effectively measure impairment from cannabis.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with termination clauses, 2018-2019 payroll rates and changes to the Employment Insurance Act.

 

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Costs and legal tech

At SpringLaw we love legal tech and consequently a few recent cost decisions have caught our eye. In both Cass v. 1410088 Ontario Inc. (“Cass”) and Drummond v. The Cadillac Fairview Corp. Ltd. (“Drummond”) justices of the Ontario Superior Court made comments about artificial intelligence and legal research.

 

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Welcome to 2019 with new employment and labour law rules and obligations across Canada: A summary

Welcome to 2019 and a load of new employment and labour law rules and obligations across Canada.

 

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Privacy Commissioner of Canada’s consent guidelines are in effect as of January 1, 2019

Last spring, the Office of the Privacy Commissioner of Canada released an important guidance document concerning meaningful consent. It now applies as of January 1, 2019.

 

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