First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

When can LTD benefits frustrate an employment contract?

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

, , , , , , ,

Let’s “talk” – Sweet employee engagement

It’s important to remember that employee engagement is more than employees feeling good about the work they do or liking the people with whom they work. It’s about an employee feeling that they have a role in the company or on the team, that they make a difference, and that they aren’t just a cog in the corporate wheel.

, , , , , , , , ,

Non-consensual sharing of intimate images grounds for summary dismissal

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

, , , , , , ,

Family Day February 2020: Which jurisdictions have a day off with pay?

Family Day, Monday, February 17, 2020, is celebrated in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick. Family Day (may have a different name depending on the jurisdiction) is recognized as a public (statutory) holiday in these provinces and employees get the day off with pay, if eligible.

, , , , , , ,

Smokers need not apply: can Ontario employers refuse to hire nicotine users?

As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year. While it may be easy to understand U-Haul’s stated rationale for introducing this anti-tobacco policy, to adopt the same in Ontario would likely expose the company to liability.

, , , , , , ,

DHS commences pilot project to collect DNA from certain travellers

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020. This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States.

, , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Coronavirus, a 2020 employment and labour summary and workplace absenteeism policies.

, , ,

Are changes to Canada’s Privacy Law landscape on the horizon?

It looks like 2020 might be the year where Canada catches up in the realm of privacy and data protection laws. These will likely have a ripple effect throughout the workplace.

, , , , , , ,

Wrongful dismissal update: Judge upholds just cause termination for a 30 year employee who touched a co-workers buttock

After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting versions of what happened, was just cause for termination for an employee with 30 years’ service who had a clean disciplinary record.

, , , , ,

Full and final release upheld by the HRTO

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

, , , ,

Full and final: Human rights application successfully barred by signed release

In recent years, one of the recurring circumstances where the efficacy of a signed release has been debated is where a former employee files an application with the Ontario Human Rights Tribunal.

, , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace discrimination, payroll and safety blitzes in Ontario.

, , , , , , , ,

Managing and addressing workplace developments caused by the spread of Coronavirus

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

, , , ,

Happy Data Privacy Day!

January 28, 2020, was a time to celebrate Data Privacy Day. Or, if you are in Europe, it is called, Data Protection Day. What is Data Privacy Day?

, , , , , ,

Investigating the invisible: Examining subtle racial discrimination (part 2)

The concept of a “microaggression” has received significant attention in recent years, and was explored more fully in a previous post. At its core, a microaggression is a subtle, often unintentional, behaviour that is rooted in stereotypes about marginalized groups. Despite the absence of ill will, microaggressions in the workplace can nonetheless amount to discrimination or harassment.

, , , ,

Previous Posts