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Fairness for probationary employees?

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.

 

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Assessing the risk of violence at work

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:

 

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Learn the latest! — AODA compliance: Benefits of being ahead of the game

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.

 

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Employers should think carefully before imposing a dress code

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.

 

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HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace

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?

 

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What are you doing about employee fraud?

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…

 

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The value of working from home questioned: Whether to implement flexible work arrangements or not?

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 [...]

 

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Supervisor circulated pornography, damaged employment relationship, terminated for cause

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.

 

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OLRB rules that Ontario employer liable for failing to comply with Bill 168

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).

 

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Workplace flexiblity outside of Silicon Valley

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.

 

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No cause for termination without policy and discipline

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.

 

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Winter-weather policy, do you need one?

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?

 

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Most-viewed articles this week on HRinfodesk

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.

 

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Federal Court clarifies that the prohibited ground of “family status” includes “childcare obligations”

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”.

 

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Most-viewed articles this week on HRinfodesk

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.

 

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