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

Are employees “off-ramping” from your organization?

January 21, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Training and Development, 0

We live in an age of increased workplace stress (not to mention societal stress in the form of newspaper headlines), and burnout has now been recognized in the International Classification of Diseases as an occupational phenomenon.

employee burnout, employee productivity, employment law, flexible work arrangements, flexible work hours, flexible work schedules, mental health in the workplace, off-ramping, supportive workplace environment, work-life balance, workplace stress

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

Food for thought: do employers need to accommodate ethical veganism in the workplace?

January 17, 2020 Vey Willetts LLP Employee Relations, Human Resources, Human Rights, 0

While the Ontario Human Rights Code has been interpreted in a liberal manner, there are situations where employees will experience workplace discrimination that falls beyond its scope. One area where it remains unclear to what extent the Code will apply, however, is with respect to vegan employees.

accommodation and human rights issues, creed, employment law, ethical veganism, Human Rights code of Ontario, philosophical beliefs, protected human rights grounds, religious beliefs

Three popular articles this week on HRinfodesk

January 16, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security, 0

The three popular articles this week on HRinfodesk deal with disability discrimination, data privacy and regulating vaping in Canada.

data privacy, Digital Charter, employment law, new online rights, physical disability discrimination, smoking and vaping legislation, Vaping, vaping products

Unfair Investigation? No Comment.

January 15, 2020 Rubin Thomlinson LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

We are now in a world where workplace harassment is taken much more seriously than it was before. Although some jurisdictions in Canada do not have an explicit legal obligation to investigate incidents of this nature, there is now a pressing moral obligation to do so. But when such a moral obligation is unmoored from legal principles or government-issued guidelines, there is a greater risk of unfairness to all parties. An investigation in this context is more likely to be guided by an emotional drive to either undermine those who raise complaints or persecute those who are alleged to have behaved badly, rather than arriving at factual findings from a neutral perspective using a fair investigation process.

employment law, external investigator, workplace complaints, workplace harassment, workplace investigations

When #TimesUp goes on trial: Key Takeaways from a judge’s decision following a sexual harassment investigation

January 14, 2020 Piccolo Heath LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

Although stories of workplace sexual harassment were pervasive as we closed the last decade, it was uncommon to see any of these cases make it all the way to trial. Early (and confidential) settlements with the accused are the norm, and trials are rare.

#TimesUp, employment law, sexual harassment, sexual harassment investigation, workplace investigation, workplace sexual harassment, wrongful dismissal claim

Reinstatement and accommodation under Alberta’s Workers’ Compensation

January 13, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Penalties and Fines, 0

For workplace accidents occurring on or after September 1, 2018, non-exempt employers have an obligation under section 88.1 of the Alberta Workers’ Compensation Act (the “WCBAct”) to accommodate and reinstate most workers injured in a work-related accident to their pre-accident position or a comparable position with the same earnings.

alternative employment, employment law, termination of employment, undue hardship, work-related injury, workers compensation, workplace accommodation

So what exactly is a “dependent contractor”?

January 10, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee in all but name.

dependent contractor, employment law, independent contractor, termination, worker classification

2019-2020 federal government departmental mandates of interest to employers

January 8, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

Canadian Prime Minister Justin Trudeau has released the mandate letters for each of the 37 cabinet Ministers of his minority Liberal government.

basic personal amounts, Canada labour Code, Employment Insurance, employment law, Family day, federal minimum wage, Mandate letters, Public Holiday

Three popular articles this week on HRinfodesk

January 8, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, 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 workplace etiquette, 2020 payroll rates and the federal government’s mandate letters.

basic personal amounts, employment law, Mandate letters, maximum assessable earnings, minimum wage rates, payroll rates, workers' compensation premium rates, workplace etiquette

Notable cases of 2019

January 8, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

employment law, forced retirement, harassment, infliction of mental distress, notice period, resignation, retirement, terminated without cause

Termination clauses: (Yet) another one bites the dust

January 7, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.

contract negotiations, employment contracts, employment law, Employment Stadards Act, termination clauses

Privacy Commissioner of Canada releases its annual report

January 6, 2020 Christina Catenacci Human Resources, Privacy and Security, 0

On December 10, 2019, the Privacy Commissioner Canada released its Annual 2018–2019 Report to Parliament on the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).

breach reporting, employment law, facebook, PIPEDA, privacy, Privacy Act, privacy breach, privacy rights

Long-awaited regulations regarding placement agencies in Quebec set to come into effect on January 1, 2020

January 3, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, Human Resources, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The wait is over. Announced along with the sweeping changes to Quebec’s Act respecting labour standards (the “Act”) back in June 2018, the regulation regarding Quebec placement agencies has finally been published and is set to come into effect on January 1, 2020 (the “Regulation”).

Act Respecting Labour Standards, employment law, placement agencies, protection of workers, temporary foreign workers, working conditions

Three popular articles this week on HRinfodesk

January 2, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with the Ontario no smoking signs, constructive dismissal and harassment as well as 2020 payroll rates.

2020 payroll rates, constructive dismissal, employment law, no smoking signs, smoking ban