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Posts Tagged ‘vicarious liability’

Employer obligations and the holiday party

Tuesday, November 30th, 2010

The holidays are right around the corner and this often translates into lots of company-sponsored events, parties and commitments. While these events bring joy and merriment to employees, they can also bring legal troubles for employers related to alcohol, harassment, violence and discrimination.

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Tags: canadian employment law, company-sponsored events, discrimination, employee handbook, employment law, holiday party, lawsuit, liability, policies and procedures, policy manual, Serving alcoholic beverages, social host, vicarious liability, violation of workplace policies
Posted in Human Resources | Make a Comment »

Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

Tuesday, September 7th, 2010

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

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Tags: bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
Posted in Employment Standards, Human Resources | Make a Comment »

Multi-tasking: where do you draw the line?

Thursday, August 26th, 2010

Multi-tasking is so serious that workers are taking their work into the washroom, with disturbing results. According to a recent survey, one-third of Brits admit they’ve made a “stall-call”—that is, a call from the toilet, not just the restroom—whether for business or pleasure. And one in twenty said they’ve taken their laptop with them when nature called. The survey also found a significant—and disgusting—number of people eat, drink and brush their teeth while answering nature’s call.

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Tags: cellphone use, health and safety, hygiene, illness, illness at work, multi-tasking, productivity, risky behaviour, sickness, stall-call, vicarious liability, work environment, working, working conditions
Posted in Health and Safety, Human Resources, Internal Controls, Training and Development | Make a Comment »

Alberta tries again to ban the use of cellphones while driving

Thursday, April 15th, 2010

The reliance on cellphones has led to an increase in talking on a cellphone while driving. Statistics show that driving while talking or texting on a cellphone is leading to driver distractions that cause car accidents. That’s why, on April 14, 2010, the Alberta government introduced…

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Tags: 2010, Alberta, ban on cellphone use, Bill 16, cellphone use, Employer liability, the Traffic Safety (Distracted Driving) Amendment Act, Traffic Safety Act, vicarious liability
Posted in Employment Standards, Human Resources | Make a Comment »

Employer holiday parties: some useful tips

Thursday, November 12th, 2009

However limited an organization’s party budget is, most of them still use the holiday season to show their employees their appreciation for their year-long efforts by holding a holiday party on or off company premises. In the last several years, however, many organizations have looked carefully at how they approach the annual holiday party, for legal and economical reasons.

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Tags: Challenges in planning the holiday party, company sponsored event, drinking at a holiday party, employment standards, holiday party, HR issues, Human Resources, human right, liability for sexual and other types of harassment, occupational health and safety, planning the holiday party, religious accommodation, Responsibilities of employers during a company hosted party, The do's and don'ts of company-sponsored events, vicarious liability
Posted in Health and Safety, Human Resources, Human Rights | 1 Comment »

Introducing guest blogger Stuart Rudner

Monday, October 5th, 2009

It’s a pleasure to welcome Stuart Rudner as a guest blogger. He will be blogging about human resources, employment and labour law issues.

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Tags: canadian employment law, employment law, employment standards, health and safety, HR issues, Human Resources, human rights, Labour Law, Miller Thomson LLP, occupational health and safety, ontario, ontario employment standards act, policies and procedures, policy, vicarious liability, workers compensation
Posted in Announcements | Make a Comment »

Ban on hand-held devices in force October 26

Wednesday, September 30th, 2009

Ontario’s ban on hand-held devices while driving will take effect on October 26, 2009. It will be illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices. There will be a three month transition period for enforcement where the focus will be on educating drivers; police will start issuing tickets on February 1, 2010.

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Tags: ban on cellphone use, canadian employment law, cellphone use, employment law, health and safety, Highway traffic act, HR issues, Human Resources, occupational health and safety, ontario, policy, vicarious liability, workers compensation
Posted in Employment Standards, Human Resources | 1 Comment »

Exempting truck drivers from ban on cellphone use

Monday, September 14th, 2009

I was recently made aware that the Ontario and Manitoba Trucking Associations are trying to convince regulators in their respective provinces to exempt CB radios and certain communication devices used specifically by truck drivers for dispatch and business-related purposes from the provincial bans on cellphone use and texting while driving that are to come into force this fall.

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Tags: ban on cellphone use, cellphone use, employment law, Highway traffic act, HR issues, Human Resources, OH&S, ontario, trucking, vicarious liability
Posted in Employment Standards, Human Resources | 4 Comments »

Expanding ban on cellphone use while driving

Wednesday, September 9th, 2009

An increasing number of studies show that driving while talking on a cellphone can be dangerously distracting. Some studies state that talking on a cellphone while driving makes a person four times more likely to be in a crash. This is a much higher risk than most other distracting activities. As a result, the governments of Saskatchewan, Prince Edward Island and British Columbia have announced that they will draft legislation this fall to ban the use of hand-held electronic devices (such as cellphones) to talk or text while driving a vehicle; joining the provinces of Newfoundland and Labrador, Nova Scotia, Quebec, Ontario and Manitoba, who have banned or are in the process of banning the use of hand-held wireless devices while driving this fall.

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Tags: ban on cellphone use, cellphone use, employment law, Highway traffic act, Human Resources, vicarious liability
Posted in Employment Standards, Human Resources | Make a Comment »

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