First Reference Talks - Page 2 of 194 - News and Discussions on Payroll, HR & Employment LawFirst Reference Talks | News and Discussions on Payroll, HR & Employment Law

2020 influenza

November 22, 2019 Beyond Rewards Inc Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, 0

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.

disease prevention, employment law, flu prevention procedures, flu season, flu shot, influenza, workplace policies

Is the termination clause in my employment agreement enforceable?

November 21, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

benefits continuation, dismissal for cause, employment agreement, employment contract, employment law, fresh consideration, severance, Termination clause, termination without cause

Will saving provisions no longer save us?

November 20, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Saving provisions are widely used in employment agreements to ensure that even if a decision-maker finds that some aspect of some clause is not enforceable due to the fact that it could possibly, maybe, one day, maybe, sorta violate the Employment Standards Act (ESA), the saving provision will communicate to that judge that this was not the employer’s intention to do so.

employment agreement, employment contract, employment law, entitlement to severance, entitlements upon termination, sale of business, saving provisions, termination, Termination provisions

Dealing with employee misconceptions regarding LTD

November 20, 2019 Devan Marr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, 0

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.

absence due to disability, claim for frustration or abandonment, duty to accommodate an employee with a disability, employment law, entitlement to benefits, Injured employee, Long-term disability, LTD benefits, pay in lieu of notice, termination of employment

Year end checklist: Upcoming AODA deadlines

November 20, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Standard for the Built Environment, Standard for Transportation, 0

Due to the expansive nature and implementation of the AODA standards, the AODA has embedded deadlines for compliance. The compliance deadline dates vary depending on the size of the organization and the industry sector. The upcoming AODA compliance deadlines are as follows:

accessibility deadlines, Accessibility for Ontarians with Disabilities Act, Accessible websites, AODA, employment law

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

November 19, 2019 Piccolo Heath LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

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.

#MeToo movement, breach of non-disclosure agreement, confidentiality restrictions, employment law, enforceability of a non-disclosure statement, non-disclosure agreement, settlement agreement

Employee has right to change mind about resignation: ONCA

November 19, 2019 Sean Bawden Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

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?

employment law, resignation, retirement, training, wrongful dismissal

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

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

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

November 8, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

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.

Day off with pay, employment law, general holiday, Holiday Act, IN FLANDERS FIELDS, Poppy Campaign, Public Holiday, Public Holiday Pay, Remembrance Day, Remembrance Day Act, Remembrance Day holiday rules, Statutory Holiday

Three popular articles this week on HRinfodesk

November 7, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employment contracts, 2020 payroll rates and illness in the workplace.

2020 payroll rates, employment contract, employment law, flexible workplace arrangements, sick leave, workplace flexibility

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

Mandatory data breach reporting – a message from the Privacy Commissioner of Canada

November 5, 2019 Christina Catenacci Employee Relations, HR and Technology, Human Resources, Privacy and Security, 0

On October 31, 2019, the Office of the Privacy Commissioner of Canada shared what has been learned and what businesses need to know with respect to mandatory data breach reporting under Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).

breach of security safeguards, Data breach, data breach reporting, employment law, Personal, personal data, personal data security, Personal Information Protection and Electronic Documents Act

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

November 4, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Uncategorized, 0

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

dismissal without cause, employment agreement, employment law, Notice of termination, shareholder agreement, statutory notice period

Racialized, foreign-trained lawyer discriminated against during interview

November 1, 2019 Rudner Law, Employment / HR Law & Mediation HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 1

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.

ageism, discrimination based on age, discrimination based on race, employment law

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