performance review
April 5, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources,
Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.
90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause
November 20, 2012 Simon Heath Employee Relations, Employment/Labour Standards, Human Resources, Human Rights,
The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.
allegation of discrimination, anti-Muslim bias, constructive dismissal, constructively dismissed, customer complaints, Disciplinary measures, employment law, employment standards act, harassment, Ontario Labour Relations Board, Order to Pay, performance management, performance review, religious discrimination, termination, terminations, written resignation, written warnings
September 20, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources,
The three most viewed articles in this week HRinfodesk newsletter deals with assessing a probationary employee, dismissing an employee based on a serious misconduct and the upcoming workplace mental health standard…
Assessment, Dismissal, employment law, HRinfodesk, Job performance, misconduct, Notice of termination, performance review, probation, probationary, probationary employee, psychological health and safety, reasonable notice of termination, terminated without notice, termination, workplace mental health standard, workplace performance
July 19, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Human Rights,
Gender identity and access to women’s washroom facilities Would it be discriminatory to prohibit a pre-operative, male-to-female transsexual from entering a women’s washroom? The answer should be of interest to any employer or business offering services or accommodation to the public. (In PDF) Performance review must take into consideration a person’s disability An [...]
consideration, Disability, duty to accommodate, employment law, gender identity, human rights complaints, National origin, performance review, race, termination, transgendered, transsexual
May 3, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Training and Development
If establishing just cause for dismissal is considered to be a difficult task, then doing so on the basis of incompetence might be seen as almost impossible. It is certainly among the toughest of grounds to establish, particularly since it does not involve “misconduct.”
breach of contract, employee warnings, employment law, incompetence, misconduct, neglect of duty, performance review, performance standards, progressive discipline, termination, termination with cause, wilful disobedience
February 11, 2011 Christina Catenacci Human Resources, Human Rights
A recent Ontario Human Rights Tribunal case offers a clear message to employees: you have to make your employer aware of a disability if you want to trigger the employer’s duty to accommodate.
accommodating an employee, depression, Disability, discrimination, duty to accommodate, employer's duty to accommodate, employment law, functional limitations, Ontario Human Rights Tribunal, performance review, poor performance, stress, termination related to performance
September 7, 2010 Earl Altman Employment/Labour Standards, Human Resources
The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.
bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
June 25, 2010 Christina Catenacci Human Resources, Recruiting and Hiring
As the competition for jobs increases during these tough economic times, many job applicants are tempted to bend the truth by embellishing or omitting information on their résumés. That is why it is important to fact-check résumés…
background checks, check references, embellishment, Employment background checks, employment law, hiring, interview process, job applicants, job qualification, ommission, performance review, pre-screening, recruiting, recruitment firms, reference checking, résumé, selection process
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
