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What employers should know about conducting police record checks

The Police Record Checks Reform Act, 2015 standardized police record checks in Ontario as of November 1st 2018. Ontario Employers who conduct police record checks in regards to hiring employees or other purposes must know the requirements of this new legislation:

 

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Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

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Privacy Commissioner of Canada seeks feedback on breach reporting guidance

On September 17, 2018, the Office of the Privacy Commissioner of Canada (Privacy Commissioner) invited stakeholders to provide feedback on a draft guidance and draft breach reporting form entitled What you need to know about mandatory reporting of breaches of security safeguards by October 2, 2018.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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Privacy Commissioner of Canada provides guidance on meaningful consent

Obtaining meaningful consent represents a significant responsibility, and the Privacy Commissioner has created a checklist to assist organizations in achieving compliance.

 

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Privacy Commissioner of Canada provides guidance on inappropriate data practices

The Privacy Commissioner has outlined several “No-Go Zones”, and organizations are recommended to avoid collection, use and disclosure of personal information for these inappropriate purposes.

 

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Proposed personal information protection in Ontario

The new proposed Bill 14 would apply to every “organization”, which is defined as including persons, unincorporated associations and other organizations but does not include certain individuals, public bodies (some of which include the government, a municipality, or a municipal board of Ontario) and Ontario courts.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay transparency legislation, the taxability of employee discounts and privacy during the hiring process.

 

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Recent report of the Standing Committee on Access to Information, Privacy and Ethics

Employers who are governed by PIPEDA are recommended to remain informed on these issues because some of the above-mentioned recommendations may become part of future legislative and policy initiatives.

 

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Employee’s secret recording of meetings with management contributes to finding of just cause for dismissal

A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.

 

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PHIPA fines in the workplace

This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a warning from the Privacy Commissioner not to reuse passwords, a company that contravened privacy law by releasing the results of an employee’s drug test and Alberta’s investigation of serious workplace health and safety incidents.

 

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Privacy Commissioner provides some tips for businesses regarding passwords

The Privacy Commissioner Canada has recently released some tips for mitigating risk to businesses involving passwords. One main problem is that individuals use the same password for multiple accounts – this puts them at a much higher risk of experiencing a breach.

 

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HR and IT: An uneasy alliance

HR is being called on to focus primarily on strategic goals and to add increasing value to organizations. The other field that has become an integral part of business is technology. It is therefore not surprising that in HRs effort to become increasingly relevant, IT is being leveraged in the execution of the HR function in an increasing number of ways. This e–HR revolution has taken many forms, from applicant tracking systems, to machine learning in recruitment and selection to software driven onboarding and employee HR support. The consequence of this is that more and more HR activities are being executed electronically—by a computer instead of by a person.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with major changes to PIPEDA; family status test in Alberta; and termination due to a mental disability.

 

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