First Reference Talks - News and Discussions on Payroll, HR & Employment LawFirst Reference Talks | News and Discussions on Payroll, HR & Employment Law

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

constructive dismissal, re-employment, recall to work, temporary layoff

Remembrance Day, a public holiday for some, memorial day for others

November 8, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

Remembrance Day falls on Monday, November 11, in 2019. Although Remembrance Day was declared a legal holiday like Canada Day and Victoria Day under the federal Holidays Act on March 1, 2018, provinces and territories determine which days are public holidays in their regions.

Day off with pay, employment law, general holiday, Holiday Act, IN FLANDERS FIELDS, Poppy Campaign, Public Holiday, Public Holiday Pay, Remembrance Day, Remembrance Day Act, Remembrance Day holiday rules, Statutory Holiday

Three popular articles this week on HRinfodesk

November 7, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employment contracts, 2020 payroll rates and illness in the workplace.

2020 payroll rates, employment contract, employment law, flexible workplace arrangements, sick leave, workplace flexibility

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

Mandatory data breach reporting – a message from the Privacy Commissioner of Canada

November 5, 2019 Christina Catenacci Employee Relations, HR and Technology, Human Resources, Privacy and Security, 0

On October 31, 2019, the Office of the Privacy Commissioner of Canada shared what has been learned and what businesses need to know with respect to mandatory data breach reporting under Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

breach of security safeguards, Data breach, data breach reporting, employment law, Personal, personal data, personal data security, Personal Information Protection and Electronic Documents Act

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

November 4, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Uncategorized, 0

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

dismissal without cause, employment agreement, employment law, Notice of termination, shareholder agreement, statutory notice period

Racialized, foreign-trained lawyer discriminated against during interview

November 1, 2019 Rudner Law, Employment / HR Law & Mediation HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

ageism, discrimination based on age, discrimination based on race, employment law

Three popular articles this week on HRinfodesk

October 31, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

2020 payroll rates, accommodation, duty to accommodate, employment law, just cause dismissal

The (un)enforceability of non-competition agreements

October 30, 2019 Occasional Contributors Employee Relations, Human Resources, Payroll, Recruiting and Hiring, 0

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

employment law, non-competition agreement, non-competition clause, non-solicitation clause

Embracing the #MeToo movement

October 29, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

employment law, injury to dignity, sexual harassment, sexual harassment in the workplace, sexually harassed, workplace harassment policy

Can my employer dismiss me due to my unseen disability?

October 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

alcohol use disorder, disability accommodation, disability–based discrimination, discrimination based on disability, discrimination on the basis of disability, employment of persons with disabilities

Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?

October 25, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.

termination with cause, termination without cause

Three popular articles this week on HRinfodesk

October 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

employment law, frustration of contract, frustration of employment contract, termination, working from home

What does the legalization of cannabis edibles in Canada mean for workplaces?

October 23, 2019 Beyond Rewards Inc Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, 0

With Cannabis being originally legalized in Canada on October 17, 2018, a year later on the same date, Cannabis edibles have been legalized in Canada. The legalization of Cannabis edibles in Canada permit edibles to be sold and consumed effective October 17, 2019.

alcohol and drug policy, alcohol and drug use in the workplace, cannabis, cannabis edibles, Cannabis legalization, employment law