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2019

How to remote work well

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.

 

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Doug’s top 5 employment law stories of 2019

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.

 

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Employers should prepare now for high demand of legal edibles

Legal recreational cannabis Canada

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.

 

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

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.

 

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Flexibility does not create new terms of employment

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.

 

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Three popular articles this week on HRinfodesk

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

 

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

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.

 

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The holiday party and workplace policies

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.

 

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

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

 

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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

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.

 

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Stock rights are distinct from employment contract rights

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.

 

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Novel issues raised by transgender human rights complaints

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.

 

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

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.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with holiday parties and workplace policies, 2020 payroll rates and compensation planning for 2020.

 

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OCA denies $953,000 “commission” over notice period

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

 

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