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Recruiting and Hiring

Smokers need not apply: can Ontario employers refuse to hire nicotine users?

As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year. While it may be easy to understand U-Haul’s stated rationale for introducing this anti-tobacco policy, to adopt the same in Ontario would likely expose the company to liability.

 

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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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When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

 

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So what exactly is a “dependent contractor”?

I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee in all but name.

 

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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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Handbook containing termination clause not binding

In Cheong v Grand Pacific Travel & Trade, (2016 BCSC 1321), Justice Warren held that an Employee Handbook containing an ESA only termination provision was unenforceable for the following reasons:

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with contracting out of the Ontario ESA, entitlements to public holidays and discrimination against a job applicant.

 

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Is “accent” protected under the Ontario Human Rights Code?

The applicant, originally from India, initially filed an application at the Human Rights Tribunal of Ontario alleging reprisal in employment. The applicant alleged he had been offered a job and that during the training period, the trainer had made a number of remarks in regard to the applicant’s accent when speaking English.

 

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Informal work should still be governed by “formal” employment contracts

There is certainly no “one size fits all” model when it comes to a written employment contract. The agreement doesn’t need to be long or complicated… or “formal”, but it is perhaps naïve in today’s work environment, including in the “gig economy”, to believe that the good natured feelings present at the beginning of the work relationship will always be there, or that you’ll part ways with a temporary or short-term employee on good terms in every instance; or to believe that everyone is in agreement as to just how “independent” the employee is.

 

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How to remote work well

Today, all sorts of positions are advertised with a remote working option, in part due to the ever-growing desire amongst today’s workers to have options in their workplace.

 

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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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Hiring seasonal workers for the holidays? 10 things employers need to know

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

 

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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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Racialized, foreign-trained lawyer discriminated against during interview

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

 

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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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