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

February 25, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, 0

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”).

arbitration clause, employment contract, employment law, wrongful dismissal, wrongful dismissal claim

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

February 21, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, 0

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?

accommodation, collective agreement, employment law, labour arbitration, Labour Law, negligent misrepresentation

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

January 31, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, 0

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.

accommodation policies, discipline, duty to inquire, medical information, Mental illness, mental illness accommodation

Accommodating mental disabilities in the workplace

January 29, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, 1

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.

accommodating mental illness, accommodation, accommodation process, accommodation to the point of undue hardship, employment law, expert opinion, medical documentation, mental disabilities, mental health, mental health in the workplace

Normal anxiety or mental illness? A guide for employers

January 28, 2020 Occasional Contributors Employee Relations, Health and Safety, Human Resources, Human Rights, 0

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

anxiety, duty to accommodate, employment law, human rights, mental disability, Mental illness, stress

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

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

Employers should prepare now for high demand of legal edibles

December 10, 2019 Occasional Contributors Health and Safety, HR Policies and Procedures, Human Resources, 0

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.

Cannabis Act, employment law, marijuana, marijuana in the workplace, substance use policies

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

December 5, 2019 Occasional Contributors HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 0

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.

Breach of privacy, criminal code, employment law, expectation of privacy, privacy, voyeurism

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

constructive dismissal, re-employment, recall to work, temporary layoff

The (un)enforceability of non-competition agreements

October 30, 2019 Occasional Contributors Employee Relations, Human Resources, Payroll, Recruiting and Hiring, 0

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.

employment law, non-competition agreement, non-competition clause, non-solicitation clause

New agri-food immigration pilot

October 17, 2019 Occasional Contributors Corporate Immigration, Human Resources, Recruiting and Hiring, Training and Development, 0

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.

agri-food immigration pilot, employment law, permanent residence, Temporary Foreign Worker Program

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

October 8, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation, 0

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?

employment law, overtime, overtime hours, overtime hours worked, overtime pay, overtime pay claims, overtime rules, Overtime rules in Ontario, Overtime threshold

Truth or lies: Providing employment references

September 24, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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?

employment law, employment references, hiring, reference letter, wrongful dismissal action

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

September 13, 2019 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines, Training and Development, 0

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.

employment law, privacy, violence prevention, violence risk assessment, workplace investigations, workplace violence, workplace violence and harassment, workplace violence and harassment policy