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

Love at work: considerations for employers in managing office romances

December 13, 2019 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security, Training and Development, 0

Office romances are nothing new. Many people have, and will likely continue, to meet their partners at work. In recent months, however, and in the wake of the #MeToo movement, office relationships have become something of a hot topic.

employment law, office romance, workplace relationships, wrongful dismissal

Three popular articles this week on HRinfodesk

December 12, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, 0

The three popular articles this week on HRinfodesk deal with vacation shaming, OHIP out-of-country coverage and workplace fatigue.

employment law, health benefits, health insu, health insurance, OHIP, vacation, vacation shaming, workplace fatigue

How to remote work well

December 11, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR and Technology, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Training and Development, 0

Today, all sorts of positions are advertised with a remote working option, in part due to the ever-growing desire amongst today’s workers to have options in their workplace.

employee morale, employee perks, employment law, flexible work arrangements, in-person meetings, remote employee, remote working, work from home, work from home arrangements, work from home policy, Work life integration

Doug’s top 5 employment law stories of 2019

December 10, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

We have started the last month of 2019 and it is time for my annual top employment law stories of the year. 2019 has been a relatively good news year for Ontario employers.

aggravated damages, employment law, Just cause termination, reasonable notice period at common law, termination clauses, variable compensation

Employers should prepare now for high demand of legal edibles

December 10, 2019 Occasional Contributors Health and Safety, HR Policies and Procedures, Human Resources, 0

On October 17, 2019, new regulations under the federal Cannabis Act came into force that established rules for the legal production and sale of three new classes of marijuana: edibles, extracts and topical products.

Cannabis Act, employment law, marijuana, marijuana in the workplace, substance use policies

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

December 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

Flexibility does not create new terms of employment

December 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.

Attendance policy, duty to accommodate, duty to accommodate family status, employment law, family status, flexible work arrangements, flexible work hours, hours of work

Three popular articles this week on HRinfodesk

December 5, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with 2020 payroll rates, compensation and disability accommodation, and a case of sexual harassment.

2020 payroll rates, employment law, management challenges, Pensions and Benefits, recruiting and hiring, team building, teamwork

Case involving voyeuristic teacher leads to clarification of law relating to private vs. ‎public places and provides valuable lesson for employers

December 5, 2019 Occasional Contributors HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 0

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year.

Breach of privacy, criminal code, employment law, expectation of privacy, privacy, voyeurism

The holiday party and workplace policies

December 4, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Privacy and Security, Wages and Compensation, 0

The holiday season is fast approaching and organizations are planning their annual Christmas or holiday parties. The increased recognition that alcohol consumption at organization-sponsored events creates significant legal liability has had an impact on that traditional institution. And now, with the legalization of cannabis and the #metoo movement, added legal liabilities come into play.

drug and alcohol policy, employment law, holiday party, office holiday party, social host liability, social media policy, workplace harassment policy, workplace violence policy

Health care and harassment: Now is the time to address unhealthy habits

December 3, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

When bullying, harassment, and discrimination are prevalent in the workplace, the tendency is for employee productivity to diminish and absences to increase.

accountability, employment law, harassment and bullying, inappropriate behaviour in the workplace, Workplace bullying and harassment

Joint investigation by the Privacy Commissioner of Canada and the Information and Privacy Commissioner for British Columbia – BC company failed to comply with privacy laws

December 2, 2019 Christina Catenacci Human Resources, Privacy and Security, Training and Development, 0

A recent report concluded that AIQ, a British Columbia company, failed to meet its obligations under Canadian privacy laws when it used and disclosed the personal information of millions of voters in British Columbia, the United States, and the United Kingdom.

AggregateIQ Data Services (AIQ), data protection, employment law, Personal Information Protection Act, Personal Information Protection and Electronic Documents Act, privacy laws, security measures

Stock rights are distinct from employment contract rights

November 29, 2019 Jeff Dutton, Dutton Employment Law Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

It is the terms of an Equity Agreement, Shareholders’ Agreement or Stock Plan that determine employees’ rights with respect to shares. The common law relating to compensation for breaches of a contract of employment (i.e. reasonable notice) does not apply to shares where there is a distinct and separate agreement.

employment agreement, employment contract, employment law, employment standards act, shareholders’ agreement, stock options

Novel issues raised by transgender human rights complaints

November 29, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

A recent human rights complaint against several salons in Vancouver, British Columbia sheds new light on the relationship between human rights law and persons who identify as transgender.

BC human rights tribunal, Discrimination based on gender, employment law, human rights complaints, transgender discrimination, transgender human rights

Hiring seasonal workers for the holidays? 10 things employers need to know

November 28, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation, 0

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

employment contract, entitlement to minimum notice, fixed-term employment contract, hours of work, premium pay, regular wages, scheduling work on Sundays, seasonal workers, temporary employees, Termination clause