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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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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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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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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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2020 influenza

Flu season generally runs from October to April each year. The Flu is a respiratory (i.e., nose, throat, and lung) infection that can be caused by a variety of viruses. For most people, the Flu lasts 1 to 2 weeks. Ensure that your workplace is prepared for this flu season to ensure the protection of your workers.

 

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Dealing with employee misconceptions regarding LTD

Long-term disability (“LTD”) coverage is often a key benefit employees derive from their employment. LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. Today we deal with some common misconceptions that employers may face when attempting to manage an employee’s absence due to disability.

 

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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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Employee has right to change mind about resignation: ONCA

Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?

 

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Remembrance Day, a public holiday for some, memorial day for others

Remembrance Day falls on Monday, November 11, in 2019. Although Remembrance Day was declared a legal holiday like Canada Day and Victoria Day under the federal Holidays Act on March 1, 2018, provinces and territories determine which days are public holidays in their regions.

 

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