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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: The introduction of Bill C-26 to enhance CPP; head injuries and the related consequences of an employee not reporting such injury as soon as it happens; and a case that addresses workplace investigations and the violation of procedural fairness.

 

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After the accident: Pitfalls to avoid for employers after workplace accidents #learnthelatest

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with: An FAQ in relation to an employer’s obligation to have a casual worker sign off on vacation pay; a case that looks at workplace investigations; and Ontario’s proposal of eliminating the “30% Rule” for pension investment.

 

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Objecting to initial entitlement of a WSIB claim

When you object to the initial entitlement of a WSIB claim, in effect having it denied outright, there are several considerations you should keep in mind. Here are some answers to some questions about the process:

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with 2016 projected salary increases; ORPP design; and, OHS reprisals.

 

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Court rejects privilege claim and orders disclosure of investigators’ notes

An ever-evolving aspect of employment law jurisprudence concerns when an employer can shield documents and correspondence relating to a workplace investigation from a former employee who has commenced wrongful dismissal litigation. A recent Superior Court of Ontario decision fell against the employer on this issue.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a violation of a last chance agreement; discrimination during the selection process; and, demotion and constructive dismissal.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with AODA January 1, 2015 compliance deadline; consequences of competing with employer on the side; and, obligation to protect employee from third party harassment.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with allowable claim for meals; an employer’s workplace investigation; and how the court dealt with an employee’s criminal sentence.

 

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Introducing our newest guest blogger Kevin Sambrano

We are very pleased to announce that Kevin Sambrano will be sharing his expertise with our readers on First Reference Talks. He will be covering issues surrounding human rights and employment law, starting this month.

 

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British Columbia workers’ compensation policies take effect Friday, November 1

In March 2013, the Workers’ Compensation Board released three new policies on the duties of employers, workers and supervisors with respect to workplace bullying and harassment. These policies come into effect on Friday, November 1, 2013.

 

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Navigating workplace harassment complaints

Since 2010 there has been confusion around the term “workplace harassment” in Ontario. Until that time, workplace harassment was generally limited to sexual, racial and 14 other types of harassment under the Ontario Human Rights Code (Code).

 

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OHRT orders $70,000 in damages against employer for reprisal termination even though complaints of discrimination lacked merit

The Ontario Human Rights Tribunal (“OHRT”) recently examined the law of “reprisal terminations” in the decision of Morgan v. Herman Miller Canada Inc. In this case, the employee made a number of allegations of discrimination based on race and said that the employer terminated his employment rather than properly investigate his concerns. Although the OHRT dismissed most of the allegations of discrimination on the basis of race, it did find that the employer should have conducted an investigation prior to the employee’s termination.

 

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Proving cause remains an up-hill battle

A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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