policies and procedures
May 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Union Relations,
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
Cao v. SBLR LLP, common law notice, employment contract, employment standards act, fitness for the job, just cause, Notice of termination, Ontario Small Claims Cour, policies and practices dealing with employment contracts, policies and procedures, probationary employees, probationary period, reasonable notice, suitable for the job, terminated "at will", termination, terminations, terms and conditions of employment, the doctrine of "just cause", three months of employment
April 29, 2013 Marcia Scheffler Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development,
Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:
Bill 168, domestic violence, Due diligence, Ministry of Labour, occupational health and safety, occupational health and safety act, ontario, policies and procedures, risk assessment, training on these policies, violence and harassment prevention in the workplace, workplace harassment, workplace violence, workplace violence risk assessment, written policies
April 10, 2013 Stringer LLP Accessibility Standards, Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Recruiting and Hiring, Standard for Customer Service, Standard for Employment, Training and Development,
Recently, some of our clients received a notice from the government reminding them to file an Accessibility Report. This was an eye opener to employers who have let the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service compliance deadlines slip through the cracks. Some simply forgot to file. However, others were reminded they have not yet implemented all the Customer Service Standard requirements.
2013 Ontario Employment Law Conference, accessibility, Accessibility for Ontarians with Disabilities Act, Accessibility report, accessible formats and communication supports, accommodation plans, AODA, Business, Career development and advancement, Customer Service compliance deadlines, Customer Service Standard requirements, customers, deadline for compliance, Disability, emergency response, employment law, feedback process, financial penalties for non-compliance, five accessibility standards, Job posting, lifecycle of employment commencing with the hiring process, notification of temporary disruption, ontario, people with disabilities, performance evaluation, performance management, policies, policies and procedures, practices and procedures, promote accessibility, provide goods and services, provision of goods or services, recruitment process, redeployment, return to work process, support persons, train all employees, use of assistive devices, use of service animals
April 8, 2013 Alison J. Bird Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations,
While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.
ban on the footwear, breach of the rule, breach of the rule could result in discharge, collective agreement, control the hazard, dress code, dress codes, employees’ apparel, employment law, enforceability of a rule related to employees’ apparel, enforceable rule, health and safety concerns, Labour Law, Occupational Health and Safety Committee, policies and procedures, policy is meant to achieve a legitimate business interest, regulate what employees wear in the workplace, requirements an employer can impose on an employee’s appearance, risk assessment to identify the hazard, self-expression, unionized context
April 4, 2013 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Training and Development, Union Relations,
The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?
assess psychological risks, bullying, Canadian Standards Association, discrimination, employment law, harassment, HRinfodesk, identification of psychological hazards, identify and address psychological risks and mental health issues, mental disorders, mental health awareness, Mental Health Commission of Canada, mental health in the workplace, mental illnesses, national standard, occupational health and safety, policies and procedures, policies and processes, Poll Commentary, psychological health and safety program or processes, psychological risks, psychological risks or mental illnesses in the workplace, respectful work environment, Risk factors can be present in the workplace, short- and long- term disability, The Psychological Health and Safety in the Workplace standard, The Public Health Agency of Canada, training programs, unhealthy employees
April 2, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security, Recruiting and Hiring,
Some cynical people believe that no organization is free from employee fraud. Even small organizations are hardly immune, despite the trust such employers place in their employees and the controls they have in place. Consider these common misconceptions about employee fraud…
allegations of fraud, Association of Certified Fraud Examiners, business experiences, businesses, corporate environment, culture of integrity and ethics, defalcation or similar irregularity, Effective supervision, employee fraud, employee theft, employers must be vigilant, fraud, fraud policy, Fraud Prevention Check-Up, Hiring qualified and ethical people, Honest and loyal employees, Impropriety in the handling or reporting of money or financial transactions, internal audits, internal control, management, misappropriation, Misappropriation of funds, misuse of corporate assets, Nearly one-third of all bankruptcies are caused by employee theft, personal enrichment, policies and anti-fraud practices, policies and procedures, policies on employee theft, potential losses, Reducing the risk of fraud, Reducing the risk of fraud from external and internal sources, report and investigate fraud, securities, supplies or other assets, what controls do employers need to put in place to discourage fraud before it happens
April 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation,
The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]
able to measure productivity in a concrete way, accommodation, benefits of such work practices, better balance work/life challenges, compressed work weeks, culture of the workplace, days of rest, Effectiveness, employment law, employment standards act, fairness, flex time, flexible arrangements, Flexible Work Arrangement Policy, flexible work arrangements, flexible work option, home environment too distracting to be productive, hours of work, HR Law, Human Resources PolicyPro, Human resources professionals, interactive work environment, Jobs, labour standards act, nature of the business, non-discrimination, overtime, performance history of employees, policies and procedures, policy manual, policypro, productivity, sample policy of Flexible Work Arrangements, telecommuting, The employee, The job, The workplace, work outside of the office, work remotely, Work/life balance, working from home
March 25, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development,
When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.
abusing Internet access, Alberta, Business, code of conduct, computer use, confidential information, damaged employment relationship, discipline, discriminating and harassing, discrimination, email messages, employer conducted an investigation, employment law, employment relationship, five-day suspension, harassment, harassment policy, inappropriate material via a work computer, Internet, paid administrative suspension, policies, policies and procedures, safety workshop, supervisor, system usage policy, terminated for cause, termination of his employment, warning letters, workplace supervisor, wrongful dismissal, wrongfully dismissed
March 19, 2013 Simon Heath Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations,
The Ontario Labour Relations Board has recently found a Company to be in breach of Ontario’s Occupational Health and Safety Act for failing to comply with its duties under the workplace violence and harassment provisions of the Occupational Health and Safety Act (section 32) (formerly Bill 168).
appropriate policies, appropriate training to managers and employees, Bill 168, breached the OHSA, Conduct risk assessments, employer liable, employment law, grievance, internal complaint, investigation procedure, occupational health and safety act, Ontario Labour Relations Board, physically assaulted, policies and procedures, prevent workplace violence and harassment, threatened physical violence and death, union, violence and harassment policies, Violence and Harassment Programs, workplace policies, workplace violence and harassment provisions
March 5, 2013 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Union Relations,
The recently publicized news regarding the ban of telecommuting at Yahoo has ensued in a debate about the benefits of flexible work from home versus the requirement to come into work. However the first thought to cross my mind was that this flexible work arrangement only applies to a very small and privileged sector of employees. For example, working in healthcare, I am very aware of the fact that this debate doesn’t apply to nurses or personal support workers.
canadian employment law, childcare obligations, compressed or shorter workweek, discrimination, duty to accommodate, employment law, family status, flexible scheduling, flexible work, flexible work arrangements, flexible work hours, healthcare, healthcare human resources, HR issues, human rights code, job sharing, part-time work experience, policies and procedures, pros and cons of working from home, shifts, telecommute, telecommuting, work-life balance, working from home, workplace flexibility
March 1, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations,
It seems that employers must continually learn that it is crucial to have clear written policies in place governing employee conduct and discipline, and to apply those policies consistently. An Alberta Employment Standards Umpire recently heard a case that reiterates the simple lesson.
Alberta Employment Standards, Alberta employment standards act, behaviour might have been inappropriate, but it certainly did not justify dismissal, clear written policies, employee conduct and discipline, employee handbook, employee warning, employment law, immediate dismissal without notice, Labour Law, misconduct, never been given any reprimand or warning for making changes, policies and procedures, policies on employee conduct, policy manual, practices, progressive discipline, termination, terminations, written warning, written warnings, wrongful dismissal, wrongfully dismissed
February 22, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
Our last poll asked readers: Do you have a winter-weather policy to handle challenges the weather will bring that might prevent employees from getting to work? Out of 319 respondents, 161 (50.47%) of respondents said no and 90 (28.21%) said yes (29/9.9% of respondents already cover it in policy). Only 68 (21.32%) answered they did not know they needed one. So do you need one or not?
Absenteeism, being paid for snow days, business hours, call-in procedure, Canada labour Code, employee handbook, Employee lateness, employment law, Employment/Labour Standards Acts, getting to work safely, high rate of absenteeism, hours of work, how to handle pay for employees who either stay home or leave early because of weather, inclement-weather policy, Labour Law, management, Occupational Safety and Health legislation, policies and procedures, policy manual, sick leave, telecommuting, time worked versus time off, travel disruptions, winter-weather policy, work from home via remote VPN connections, working from home, working hours
February 21, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with workplace discrimination due to childcare obligations, terminating a disabled employee on sick leave and the need to have clear written policies on employee conduct and discipline.
Canadian Human Rights Tribunal, Child care obligations, childcare obligations, childcare obligations do fall within family status, clear written policies, Disability, discrimination, duty to accommodate, employee conduct and discipline, employee on disability leave, employment law, family status, Federal Court of Canada, human rights law, Ontario Human Rights Tribunal, policies and procedures, sick leave, terminating an employee with a disability, termination, Termination process, termination with cause, terminations
February 19, 2013 Simon Heath Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.
Attorney General of Canada and Johnstone, bona fide occupational requirement, Canadian Human Rights Act, canadian human rights commission, Canadian Human Rights Tribunal, childcare obligations, childcare responsibilities, discrimination, Do employers have to accommodate the "childcare responsibilities", duty to accommodate, employers have an obligation to accommodate the substantial parental obligations of their employees, family status, Federal Court, federally regulated employers, flexibility in the workplace, human rights complaints, individualized plan of accommodation, judicial review, policies and procedures, prohibited ground of discrimination, substantial parental obligation, to the point of undue hardship, undue hardship, workplace rule
February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination
HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace
April 4, 2013 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Training and Development, Union Relations, 0
The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?
Share this:
assess psychological risks, bullying, Canadian Standards Association, discrimination, employment law, harassment, HRinfodesk, identification of psychological hazards, identify and address psychological risks and mental health issues, mental disorders, mental health awareness, Mental Health Commission of Canada, mental health in the workplace, mental illnesses, national standard, occupational health and safety, policies and procedures, policies and processes, Poll Commentary, psychological health and safety program or processes, psychological risks, psychological risks or mental illnesses in the workplace, respectful work environment, Risk factors can be present in the workplace, short- and long- term disability, The Psychological Health and Safety in the Workplace standard, The Public Health Agency of Canada, training programs, unhealthy employees