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Posts Tagged ‘policies and procedures’

Reverse discrimination: is it just an attitude?

Tuesday, December 20th, 2011

Reverse discrimination is not a legal term but a socially constructed idea that describes a particular phenomenon; it is a side effect of employment equity programs, as they are called in Canada; “affirmative action” programs in the United States. Reverse discrimination in employment is perceived to have occurred when the majority (or a member of it) is denied an opportunity because the law forces an employer to hire a person from a minority group.

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Tags: affirmative action, discrimination, employment equity programs, employment law, minority group, policies and procedures, policy, procedure and practices, reverse discrimination, the majority
Posted in Employee Relations, Human Resources, Human Rights | 1 Comment »

Sick days or personal days?

Thursday, November 3rd, 2011

Employers are often at a loss as to how to ensure employees who take sick days are really sick and not simply abusing the system. They are often scared to ask for doctor’s notes, but also scared that if they don’t, the abuse will become rampant. I often encourage employers to consider abandoning the notion of sick days altogether, and simply provide a fixed number of “personal days”, which eliminates the implicit or explicit requirement that an individual be sick in order to have time off.

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Tags: Absenteeism, abusing sick days, act of bad faith, Disability, discrimination, doctor's note, duty to accommodate, employment law, Honda v. Keays, managing absenteeism, personal days, policies and procedures, sick days, sick leave policy, time off to take care of personal responsibilities, vacation
Posted in Employee Relations, Employment Standards, Health and Safety, Human Resources, Privacy and Security | 3 Comments »

Can I be disciplined for off-duty behaviour?

Tuesday, September 27th, 2011

“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?

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Tags: Bill 168, canadian employment law, discrimination, Dismissal, employee discipline, employment law, harassment, HR issues, off-duty acts, off-duty conduct, off-duty hours, policies and procedures, policy manual, prevention workshops, terminations, workplace code of conduct, workplace harassment, wrongful dismissal
Posted in Employee Relations, Human Resources, Human Rights | 4 Comments »

Occupational health and safety missteps often cost workers their lives

Tuesday, September 13th, 2011

Nova Scotia is a wondrous place full of amazing–and dangerous–places. I visited “Canada’s Ocean Playgound” this summer and came home with a renewed appreciation for labour history and the reality that occupational health and safety missteps often cost workers their lives.

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Tags: Accidents, Due diligence, employment law, health and safety standards, Miners, Mining, Mining operations, Nova Scotia, occupational health and safety, occupational health and safety act, occupational health and safety missteps often cost workers their lives, policies and procedures, policy, workplace
Posted in Health and Safety, Human Resources | Make a Comment »

Web surfing during work – it is better for employers to take a reasonable approach

Friday, August 19th, 2011

New research suggests that it may be wise for employers to take a reasonable approach when dealing with issues of employee web surfing during work; in fact, by banning it outright and excessively patrolling the workplace, employers may cause more harm than good.

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Tags: Emails, employee browsing, employee conduct and behaviour, employee productivity, employee surveillance, Employer monitoring, employment law, Internet, policies and procedures, social media, social networking, Web surfing, web surfing during work, workplace policies
Posted in Employee Relations, Human Resources | Make a Comment »

‘Sexting’ becoming a problem in the workplace

Friday, August 5th, 2011

What prompts a supervisor or worker to send a co-worker inappropriate text messages? In British Columbia, sexually charged messages in the workplace have led to trouble for employers. What do employers need to know so they can avoid being on the hook for sexual harassment?

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Tags: anti-discrimination policy, anti-harassment policy, British Columbia, employment law, hostile work environment, human rights tribunal, policies and procedures, policy, sexting, sexual harassment, sexual text messages, terms and conditions of employment, text message, training, workplace free of harassment
Posted in Employee Relations, Human Resources, Human Rights | Make a Comment »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

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Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

Listen to your employees and reduce your workload!

Tuesday, May 24th, 2011

The Occupational Health & Safety Act (OHSA) requires that when conducting a workplace violence risk assessment you take into account both the nature of your workplace and type of work you perform…

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Tags: Bill 168, canadian employment law, employment law, harassment and violence policy, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, risk assessment, safety, training, training workshops, workplace violence, workplace violence risk assessment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Applying overtime rules in Ontario can sometimes be complicated

Wednesday, May 11th, 2011

Ontario’s Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked. However, this simple rule can become complicated and lead to lawsuits, as several employers have found out recently due to their failure to pay statutory overtime.

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Tags: canadian employment law, employment law, employment standards act, Employment Standards regulation, managers or supervisors, O. Reg. 285/01, ontario, Ontario Labour Relations Board, Overtime guide, overtime hours, overtime hours worked, overtime pay, overtime rules, Overtime rules in Ontario, Overtime threshold, policies and procedures, policy manual, statutory overtime
Posted in Compensation, Employment Standards, Human Resources, Payroll | 1 Comment »

Don’t sweep harassment under the carpet

Tuesday, May 10th, 2011

Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…

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Tags: allegations of abuse, Bill 168, canadian employment law, complaint process, employment law, harassment, human rights code, intimidation, occupational health and safety, occupational health and safety act, Ontario Human Rights Tribunal, policies and procedures, prevention, reprisals, threats, unacceptable behaviour, workplace harassment, workplace harassment and violence, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 1 Comment »

Slaw: AODA era part IV: Employment standard

Wednesday, April 6th, 2011

The employment standard under the Accessibility for Ontarians with Disabilities Act (AODA) is found under part III in the Proposed Integrated Accessibility Regulation (PIAR), which is slated to become law around July 2011 (not confirmed). This standard requires an organization that is an employer to engage in the proactive identification, removal and prevention of barriers hindering the full participation in employment of persons with disabilities. It also requires…

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Tags: accessibility, Accessibility for Ontarians with Disabilities Act, accommodation, AODA, communication supports, Disability, disability awareness training, Employment accessibility standard, employment of persons with disabilities, employment standard, individual accommodation plans, information in accessible formats, policies and procedures, proposed integrated accessibility regulation, removal and prevention of barriers, Support of persons with disabilities
Posted in Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment | Make a Comment »

Eight out of ten workers witnessed conflicts in the workplace, so what?

Wednesday, March 9th, 2011

According to a recently released CROP survey carried out for the Ordre des conseillers en ressources humaines agréés (Quebec’s human resources professional association), 79 percent of workers in Quebec often or occasionally witnessed a conflict in their workplace in the last year. The survey also indicates that 62 percent of employees believe their managers are inclined to resolve conflicts, compared to 38 percent who feel they tend to ignore them.

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Tags: communication, Conflict resolution, conflict resolution skills, CROP survey, disagreements and differences, education and training, employment law, impacts of workplace conflict, learning to manage conflict, Ordre des conseillers en ressources humaines agrees, policies and procedures, Quebec, sources of conflict in the workplace, when individuals disagree and conflicts arise in the workplace, workers witnessed conflicts in the workplace, workplace conflict, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources, Human Rights, Training and Development | Make a Comment »

Proposed expanded window for WSIB’s NEER policy

Wednesday, March 2nd, 2011

Another significant WSIB change is the draft Work Reintegration NEER policy. The new Work Reintegration NEER policy, which came into effect on December 1, 2010, subject to a consultation period until February 15, 2011, expands the window of retrospective rating of claims costs for those employers subject to NEER to…

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Tags: accident cost experience, early and safe return to work, employment law, health and safety practices, Labour Market Re-entry, NEER policy, New Experimental Experience Ratings Plan, policies and procedures, premium refunds, Return to work policy, return to work process, RTW, surcharges, Work Reintegration, Work Reintegration NEER policy, workers compensation, wsib, WSIB claim
Posted in Health and Safety, Human Resources | Make a Comment »

A new return-to-work approach: WSIB work reintegration policies

Wednesday, March 2nd, 2011

Interim changes to work reintegration policies under the Workplace Safety and Insurance Act came into force recently. The new work reintegration policies formally integrate existing policies on early and safe return to work, re-employment and labour market re-entry.

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Tags: duty to accommodate, early and safe return to work, employment law, Labour Market Re-entry, policies and procedures, re-employment, Return to work, Return to work policy, RTW, suitable occupation, undue hardship, Work transition, work-related disease, work-related injury, workers compensation, Workplace Safety and Insurance Act, wsib, WSIB work reintegration policies
Posted in Health and Safety, Human Resources, Human Rights | 2 Comments »

Overtime rules can trap the unwary employer

Tuesday, December 7th, 2010

In Ontario, the Employment Standards Act (ESA) requires employers to pay at least time and a half for all hours worked by an employee in excess of 44 per week. Employers who, for different reasons, fail to pay overtime pay have faced two types of claims by employees…

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Tags: canadian employment law, Class action suits, employee handbook, employment law, employment standards act, hours of work, overtime, overtime pay, Overtime threshold, policies and procedures, policy manual
Posted in Employment Standards, Human Resources | Make a Comment »

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      Thanks Chris. I would suggest that the confusion arises from the way damages were...

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      I am a bit confused on the terminology you’re using. It has been my...

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      Suzanne, another timely post on this standard. My question is, there are...



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