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News and Discussions on Payroll, HR & Employment Law

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Author Archive - Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of payroll, employment and labour law, payroll, HR analytics, corporate immigration, accessibility related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

The enforceability of arbitration clauses in BC employment contracts

The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 (“Uber”).

 

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Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

 

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Mental health at work: An employer’s duty to inquire

In cases where an employer suspects that an employee suffers from a mental illness that may be affecting their performance at work, the employer has a duty to inquire.

 

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Accommodating mental disabilities in the workplace

In our previous blog on mental health in the workplace, we looked at the distinction between mental illness and ordinary stress and anxiety. We’ll now turn our attention to ways employers should approach their duty to accommodate employees with mental disabilities.

 

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Normal anxiety or mental illness? A guide for employers

Employers have a duty to accommodate employees suffering from mental illnesses. But distinguishing mental illness from ordinary anxiety is no easy matter.

 

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Are employees “off-ramping” from your organization?

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.

 

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

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”).

 

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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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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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Restructuring tools to minimize the risk of successful constructive dismissal claims

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

 

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The (un)enforceability of non-competition agreements

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

 

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New agri-food immigration pilot

The Agri-Food Immigration Pilot and the expected changes to the temporary foreign worker program will provide new temporary and permanent pathways for eligible applicants, which should help agri-food employer’s plan and manage their workforce in Canada.

 

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Beyond “9 to 5”: Understanding Ontario’s overtime rules

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance?

 

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Truth or lies: Providing employment references

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

 

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5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

 

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