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Author Archive - Piccolo Heath LLP

Prominent Canadian lawyers Patrizia Piccolo and Jennifer Heath have come together as Piccolo Heath LLP, Canada’s newest employment law firm. With more than 30 years combined expertise, the firm was founded with the purpose of delivering outstanding legal counsel and dynamic, client-focused service. Piccolo Heath LLP is focused on guiding clients through the legal landscape to determine the best solutions to their unique issues. The firm is well-versed in current employment-related case law and statutes, but is also highly sensitive to the practical impact of the law on both employers and employees. Read more.

Post-#MeToo: Confidentiality restrictions may go the way of the dodo

An NDA is a non-disclosure agreement. It is a restriction on a person’s ability to share, post or use certain information or documents. The subject matter of an NDA is usually set out in writing, but there are some implicit, common law restrictions on disclosing another individual’s or entity’s confidential or proprietary information and documents.

 

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The chalk dust has not settled on strike action at Ontario schools: What’s an employer to do?

By now you have all heard, whether from news reports or from your school board, that the thousands of CUPE members employed as custodial staff, early childhood educators, special education assistants and/or office administration staff of various School Boards reached an 11th hour agreement with the Province of Ontario which prevented wide-spread school closures across the Province.

 

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Maternity and parental leave policies: To top up, or to tap out? That is the question…

New York-based bank JP Morgan Chase has recently been getting a lot of attention in the media after paying a hefty 5 million dollars to settle charges that their parental leave policy was discriminatory towards their male employees. It is believed that the settlement will impact up to 5,000 fathers who were denied parental leave benefits.

 

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Mind the (gender wage) gap: What lies ahead for Ontario employers

This past month, the US Women’s National Soccer Team made headlines amid their World Cup run by pushing for pay equality with their counterparts on the men’s team, leading to support from sponsors and the US Senate. So what is the big deal about gender/sex discrimination in compensation and should Ontario employers be concerned?

 

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You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

 

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Equality when you are born this way … Not the same way

When it comes to employers navigating human resource issues and relationships with their employees, the concept of equal versus identical is even more obvious. For employers, “equal” does not mean the individual employees are all the same, but that they be given the same opportunities.

 

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A reasonable expectation of privacy: The application of R v. Jarvis to the employment context

The recent Supreme Court of Canada decision in R v. Jarvis addressed the circumstances that give rise to a reasonable expectation of privacy. While the case directly considered whether certain recordings violated the Criminal Code, the Court’s broad analysis of when a reasonable expectation of privacy exists applies outside the criminal context, with relevance to employers.

 

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Refuse, snooze & lose

For workplaces that operate on shift work, dealing with employee refusals to change shifts (especially to night shift) happens all too often.

 

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Harassers, empty your pockets and pay up! Including personal financial accountability for harassment in employment contracts – key considerations

In January, Variety reported about the new position of John Lasseter, the former Pixar head of animation who was the subject of a workplace harassment complaints from Pixar staffers.

 

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What’s love got to do with it? Managing office romances

Happy stories of office relationships are not the ones that give Human Resource managers pause or make employment lawyers nervous. Instead, it’s the remaining portion of office romances that pose potential issues and liability for the employer, and the employees.

 

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Expanding the obligations of federal employers – Anti-harassment and violence provisions to be added to the Canada Labour Code

On October 25, 2018, An Act to amend the Canada Labour Code (harassment and violence), and the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (the “Act”) received Royal Assent.

 

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Sentenced to probation: How employers can protect themselves when terminating the employment of recent hires

Employers who seek to impose more rigorous oversight of new employees and minimize termination obligations to those employees can rely on appropriately drafted probationary limitations in their offers.

 

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(Don’t) Google it: practical lessons from the global walkout by Google’s employees

On November 1, 2018, thousands of Google employees from around the world – including in Canada – engaged in a coordinated walkout, leaving their respective offices to protest workplace harassment and inequality at the company.

 

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Granting intervener status in cases of sexual harassment – Victims can be more than just witnesses

In the recent Ontario Superior Court decision Render v. ThyssenKrupp Elevator, Master Andrew Graham found that an employee who claimed that a co-worker sexually harassed her could be granted intervener status at the co-worker’s trial for wrongful dismissal.

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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