Author Archive - Ava Z Moradi, JD

Ava Moradi, JD, received a Juris Doctor (J.D.) at the University of Windsor, Faculty of Law in 2014. She is a writer, researcher and editor in employment and labour law at First Reference. She is one of the content editors for The Human Resources Advisor, Ontario, Western and Atlantic editions and a contributor to First Reference Talks and HRinfodesk.

Q&A: Termination rights for probationary employees

October 25, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development

Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.

discipline, employment law, probationary period, termination

Q&A: Sharing liability of workplace parties for OHS violations

October 18, 2018 Ava Z Moradi, JD Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines

Is liability always charged independently to the employer (company) and supervisors or co-worker? Are each solely responsible for the charge? Can liability be passed on to the employer or is it the sole responsibility of the supervisor/co-worker to pay?

employment law, legal liability, OHS violations, Ontario Occupational Health and Safety Act

Q&A: Is an employer responsible if employee drives home while high after using prescribed marijuana?

October 11, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

What duty does the employer have with regard to an employee using medical marijuana during the workday and then driving home after work? What if an accident occurs?

cannabis in the workplace, employment law, legalization of recreational marijuana, marijuana use in the workplace, medical cannabis, medical marijuana, prescribed marijuana

Q&A: 48-hour advance notification of cancelled shift coming into force on January 1, 2019

September 13, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

Establishing a process for the practical aspects of shift cancellation notifications in a company policy would go a long way to protect employers from paying a worker who claims that he or she did not know about the cancelled shift because he or she failed to check the method of communication for notifications.

Attendance policy, Bill 148 the Fair Workplaces Better Jobs Act 2017, cancelled shift, cancelled shift. employment law, employment law, hours of work policy, notice of cancellation, shift cancellation notification

Q&A: What happens when an employee does not use their vacation entitlement?

September 6, 2018 Ava Z Moradi, JD Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

In this conference Q&A, we address the alternatives when an employee chooses to not use their vacation entitlement in the vacation entitlement year as prescribed by law.

Calculating vacation pay, calculating vacation time, employment law, employment standards, ESA, Learn the latest, minimum employment standards, vacation entitlement, vacation pay, vacation time

Q&A: Critical illness leave to take care of parent outside of Canada

August 30, 2018 Ava Z Moradi, JD Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

In this conference Q&A, we address whether employees are entitled to take critical illness leave to care for a parent who is not in Canada.

19th Annual Employment Law Conference, critical illness leave, Employment Insurance, employment law, employment standards act, ESA, family caregiver benefit for adults, Learn the latest

Q&A: Maximum age of child for domestic violence leave eligibility

August 23, 2018 Ava Z Moradi, JD Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

In this conference Q&A, we address the eligibility criteria for domestic violence leave in relation to an employee’s child.

19th Annual Employment Law Conference, Bill 148, compliance with Bill 148, Domestic or Sexual Violence Leave, domestic violence leave, employment law, employment standards act, ESA, Learn the latest

Q&A: Laying out progressive discipline in the employment contract

August 16, 2018 Ava Z Moradi, JD Employee Relations, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Training and Development

Does progressive discipline need to be expressly written into the employment contract? If yes, do all steps need to be laid out in writing? Or is it on a case-by-case basis?

Discipline policy, employment contract, employment law, just cause dismissal, progressive discipline, suspension, termination

Q&A: Medical marijuana inquiry during hiring or screening process

August 9, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, Human Resources, Human Rights, Recruiting and Hiring

Can we ask during the hiring and screening process if a potential employee is using medical marijuana for a position that requires driving or that is a safety sensitive position?

cannabis, drugs in the workplace, duty to accommodate, employment law, hiring and screening process, hiring and selection, human rights violation, marijuana, medical cannabis, medical marijuana, safety-sensitive position

Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

August 2, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

Is there any legislation that dictates who may or may not be hired as a third party investigator?

employment law, harassment, sexual harassment, third-party investigator, workplace harassment

Q&A: Pro-rating personal emergency leave benefit for contract employees

July 26, 2018 Ava Z Moradi, JD HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits

In this conference Q&A, we address the application of personal emergency leave for contract employees.

contract employees, employment law, Job protected leave, personal emergency leave, personal emergency leave benefit

Q&A: When is an employer’s duty to investigate workplace harassment triggered?

July 19, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

duty to investigate workplace harassment, employment law, sexual harassment in the workplace, workplace harassment, workplace investigation

Q&A: Reasons not usually required when terminating without cause

July 12, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, Human Resources, Payroll

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

employee termination, employment law, terminating without casue, termination, termination for poor performance

Q&A: Suspected use of marijuana in the workplace

July 6, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

With medicinal marijuana already being prescribed by doctors and the upcoming legalization of recreational marijuana just around the corner, this question addresses a real concern shared by many employers across Canada.

accommodation in the workplace, alcohol and drug policy, drug testing, employment law, marijuana, use of marijuana in the workplace

Q&A: Bill 148 increases vacation entitlements for all employees

June 28, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments on topics including practical compliance strategies in light of Bill 148. While the law is clear in theory, its application tells many stories as employers and HR professionals deal in the practical world of differing employment dynamics. In this conference Q&A, we address the increases to vacation entitlements brought forth by Bill 148.

19th Ontario Employment Law Conference, Better Jobs Act, Bill 148, calculating vacation entitlement, Calculating vacation pay, employment law, Employment law conference, employment standards act, ESA, Fair Workplaces, Human Resources, Learn the latest, unpaid vacation claim, vacation, vacation entitlement, vacation pay