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News and Discussions on Payroll, HR & Employment Law

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Objective evidence required when attempting to limit or deny an employee’s accommodation request

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a safety talk on impairment in the workplace from IHSA, BC employment standards changes and burnout in the workplace.

 

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WHMIS phase 3: Are you ready for September?

Complying with WHMIS has been an ongoing mission to ensure safety within the workplace when working alongside hazardous materials. Compliance for WHMIS has been split up into 3 phases, and phase 3 commences on September 1. Are you ready?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with police record checks, public holiday calculation and the Ministry of Labour’s update to the workplace health and safety guide.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with constructive dismissal, workplace inspection blitzes and employment references.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with safety inspection blitzes in Ontario, changes to the Ontario WSIA and Manitoba’s minimum wage.

 

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Occupational Health and Safety: Duty to report and protection against reprisal

Employers should be particularly alert to the provisions of OHS Acts in considering actions taken by workers outside of the usual lines of reporting at the workplace where unsafe work conditions are alleged. The OHS Acts of each province in Atlantic Canada imbue workers with specific rights related to workplace safety.

 

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Welcome to 2018 with new employment and labour law rules and obligations across Canada

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance.

 

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Top 10 most-read First Reference Talks blog posts for 2017

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017:

 

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Working notice inappropriate for employees who cannot work

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety.

 

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When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

 

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Furry friends at work, should pets be part of your office culture?

Are you thinking it would be out of this world for you to bring your pets to work? Think again—Companies today are slowly hopping on board to this idea.

 

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Federal undertakings involved in construction projects are not subject to a provincial occupational health and safety legislation

Are the provisions of chapter XI of the Act respecting Occupational Health and Safety, pertaining to construction sites and principal contractors, constitutionally applicable to federal undertakings? Such is the question that the Superior Court of Quebec has responded to in Commission des normes, de l’équité, de la santé et de la sécurité du travail c. Commission des lésions professionnelles, 2016 QCCS 2424.

 

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