First Reference Talks

Unspoken and unaddressed harassment claims leads to workplace violence

Friday, August 13th, 2010

I recently read in the news a classic case of unaddressed harassment claims that led to the worst form of workplace violence. This case may stem from the US but all the same principles and warnings apply in Canada as well. The case involves the death of nine people (including the suspected gunman) on Tuesday August 3, 2010, in a shooting rampage at a beer distributor in Connecticut.

Tags: beer distributor in Manchester, Connecticut, disciplinary hearing, Guides, policies and procedures, policy manual, racial discrimination, racial harassment, resignation, shooting rampage at a beer distributor in Manchester, unaddressed harassment claims, workplace harassment, workplace harassment policy, workplace investigation, workplace violence, workplace violence policy
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

Upcoming workplace violence and harassment inspections

Wednesday, June 9th, 2010

Ontario Ministry of Labour health and safety inspectors discuss employers’ responsibilities around workplace violence and harassment…

Tags: Bill 168, Bill 168 violence, employment law, harassment prevention, health and safety, health and safety inspections, Human Resources, occupational health and safety act, ontario, Ontario Ministry of Labour, policies and procedures, policy manual, violence prevention, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168 – Meeting your obligations for violence and harassment prevention

Friday, May 21st, 2010

There’s lots of talk in Ontario’s workplaces and online about workplace violence and harassment and the Bill 168 amendments to the Occupational Health and Safety Act. Hopefully by now the message is getting through, and employers are taking the steps to prepare for the June 15 deadline. (That’s about three weeks away!)

Tags: Bill 168, Bill 168 violence, Employment law conference, harassment prevention, health and safety policy, Health and Safety program, occupational health and safety, ontario, policies and procedures, policy, violence and harassment prevention, violence prevention
Posted in Health and Safety, Human Resources | Make a Comment »

Harassment has potential to breed violence when unchecked!

Wednesday, May 12th, 2010

My colleagues and I recently made fun of the possible employment law issues that could come out of the implementation of full-body scanners as a form of screening device for airport security. But I never expected this, and so soon.

Tags: anti-harassment, Bill 168, employment law, full body scanners, harassment, harassment prevention policy, human rights, occupational health and safety, policies and procedures, policy, policy manual, violence, violence prevention policy, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

Employee expense fraud

Tuesday, April 13th, 2010

Employee fraud is on the rise, as organizations cut back on staff, and their internal controls slacken as a result. However, the monetary loss is just the beginning of the problem. A recent white paper from Grant Thornton LLP notes that, “Failure to crack down on this unethical—and indeed criminal—behaviour blurs the line between right and wrong. It creates a culture of entitlement that can extend across the business. And it can open the door to more significant corporate theft.”

Tags: corporate theft, employee expenses, employee fraud, employee relations, employee theft, expense controls, FAPP, Finance and Accounting PolicyPro, Grant Thornton, policies and procedures, workplace policies
Posted in Employment Standards, Human Resources, Internal Controls | Make a Comment »

Employer liability and social media

Friday, April 9th, 2010

Recent case law and new technologies have raised the prospect of employer liability for the statements of employees on sites such as Twitter, Facebook, and LinkedIn.

Tags: canadian employment law, employee handbook, Employer liability, policies and procedures, policy manual, social media, social media activities at work
Posted in Human Resources, Privacy and Security | 2 Comments »

Workplace violence and harassment policies – to integrate or not?

Thursday, April 1st, 2010

Ontario’s upcoming occupational health and safety violence and harassment rules require that employers implement violence and harassment prevention policies. Manitoba and Saskatchewan also require OHS policies for both workplace hazards. When drafting or updating your violence/harassment policies to meet legal OHS requirements (e.g., Ontario’s Bill 168), are you creating individual policies or integrating your policies? That was the question asked in the most recent HRinfodesk poll. According to the results of the poll, out of 155 responses, 84 (~54%) respondents intend to comply to the letter of the law, while 71 (~46%) respondents have taken another approach by integrating both policies into one.

Read the full article on HRinfodesk.

Tags: Bill 168 violence, HRinfodesk, manitoba, occupational health and safety, ontario, policies, policies and procedures, Saskatchewan, violence policy, workplace harassment, workplace harassment prevention guide, workplace violence
Posted in Health and Safety, Human Resources | Make a Comment »

Bill 168 – what do you think?

Tuesday, March 23rd, 2010

Bill 168 is intended to address concerns of workplace violence and harassment in the context of health and safety. It provides definitions of both workplace violence and workplace harassment, and then requires that organizations undertake a risk assessment, draft workplace violence and harassment policies, and develop programs to implement those policies. Furthermore, Bill 168 requires training and instruction of employees regarding the new policies and programs, and creates a positive obligation on the part of employers to take reasonable precautions for the protection of workers when the employer is aware that they may be exposed to domestic violence. Bill 168 also requires that employers provide personal information to employees regarding persons with a history of violent behaviour. Finally, Bill 168 expands the existing right to refuse work, so that it now applies where there is a risk of imminent danger due to workplace violence.

Does the Bill go far enough in addressing workplace violence? Too far? How do we reconcile the reporting obligations with privacy rights?

Tags: Bill 168, canadian employment law, employment law, occupational health and safety, OH&S, OHSA, ontario, policies and procedures, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | 2 Comments »

Employees need ergonomic awareness training also

Thursday, March 18th, 2010

The Occupational Health and Safety Act requires all employees to:

• Act in compliance with the law
• Use protective equipment and devices provided by their employer
• Report defects in equipment
• Report the existence of workplace hazards

Tags: ergonomics, ergonomics training, health and safety, occupational health and safety, OH&S, OHSA, Ontario Occupational Health and Safety Act, policies and procedures, training
Posted in Health and Safety, Human Resources | Make a Comment »

Ergonomics training for employers

Wednesday, March 17th, 2010

Ergonomics is the science of creating a proper fit between a worker and the work environment. Employers are required by law to employ ergonomic principles in the workplace in order to prevent workplace muscular skeletal disorders and also to prevent existing conditions from worsening.

Tags: ergonomics, ergonomics training, health and safety, occupational health and safety, OH&S, OHSA, policies and procedures, training, workers compensation
Posted in Health and Safety, Human Resources | Make a Comment »

Yosie now writing for Slaw.ca

Monday, March 15th, 2010

This week at First Reference, we offered congratulations to Yosie for being selected to provide regular contributions to the Canadian law blog Slaw.ca, “a Canadian co-operative weblog about any and all things legal”. Now, besides her tireless efforts putting together the Human Resources Advisors, Human Resources PolicyPros, HRinfodesk and contributing to the First Reference blog, she will also offer her thoughts on employment law and related topics every Thursday on Slaw.

Tags: employment law, employment standards, HR issues, HRinfodesk, Human Resources Advisor, Human Resources PolicyPro, occupational health and safety, policies and procedures, slaw.ca
Posted in Human Resources | Make a Comment »

Who’s looking at your garbage, and why should you care?

Thursday, March 11th, 2010

You know what happens when you dump your garbage in the bin, right? The garbage collectors pick it up and take it away, and you don’t worry about it any more. But should you worry about it? A 2009 Supreme Court of Canada decision suggests you might want to.

Tags: canadian charter of rights and freedoms, garbage search, policies and procedures, privacy, R. v. Patrick, supreme court, waste search
Posted in IT, Privacy and Security, Internal Controls | 2 Comments »

Are your employees surfing the Internet during work hours?

Friday, February 5th, 2010

With the technology at employees’ fingertips, employers worry about whether their employees are engaging in personal Internet use during work hours.

Tags: canadian employment law, employee Internet use, employee theft, hours of work, Internet use during work hours, Internet use policy, policies and procedures, prohibited Internet use at work, social networking, theft
Posted in Employment Standards, Human Resources | 2 Comments »

Why all the fuss about workplace bullying?

Tuesday, January 12th, 2010

In 1988 a man applied for Worker’s Compensation due to the stress of being teased, at work, about his appearance. His claim was denied. Almost 20 years later another man made a similar claim, a claim that was allowed; Worker’s comp paid up. Change was on the horizon.

Tags: Bill 168, bully, bullying, canadian employment law, harassment, harassment policy, health and safety, human rights, policies and procedures, workplace violence
Posted in Health and Safety, Human Resources | 3 Comments »