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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with workplace etiquette, 2020 payroll rates and the federal government’s mandate letters.

 

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Notable cases of 2019

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

 

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Termination clauses: (Yet) another one bites the dust

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.

 

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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Ontario no smoking signs, constructive dismissal and harassment as well as 2020 payroll rates.

 

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Top 10 most-read First Reference Talks blog posts for 2019

This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.

 

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Denial of employee benefits to working seniors: a charter violation

On May 18, 2018, the Human Rights Tribunal of Ontario rendered its decision with respect to the issue of whether s. 25(2.1) of the Human Rights Code, when read alongside s. 44 of the Employment Standards Act, 2000, permitted employers to terminate benefits for employees when they turned 65. In Talos v. Grand Erie District School Board, the Tribunal found that such a termination violated s. 15 of the Canadian Charter of Rights and Freedoms, because it was a form of age discrimination.

 

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A wrongful dismissal time warp – When is two years really six?

Perhaps, when an ex-employee takes six years to “discover” that they were wrongfully dismissed.

 

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Entitlements to public holidays during the holiday season

There are a number of upcoming public (statutory or general) holidays that require employers to provide paid days off to employees. Below, we have summarized some the most important obligations with respect to those holidays.

 

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Work is work: Duration of dependent contractor status to be included in notice calculations

In the recent decision of Cormier v. St. Joseph Communications, the Court of Appeal upheld a motion judge’s finding that when calculating reasonable notice periods, an employee is entitled to include the duration of time they were an dependent contractor. This case highlights the risks posed by evolving employment relationships and the importance of drafting legally defensible termination clauses.

 

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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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Top employment law cases of the 2010s

In order of appearance, from newest to oldest, here are the employment law cases that shaped Ontario and to some extent every jurisdiction in Canada in the 2010s:

 

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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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“Failsafe” language fails to save termination provision

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater of” act as a failsafe if the rest of the provision is contrary to the provisions of the ESA?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with vacation shaming, OHIP out-of-country coverage and workplace fatigue.

 

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