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Managing and addressing workplace developments caused by the spread of Coronavirus

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

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Happy Data Privacy Day!

January 28, 2020, was a time to celebrate Data Privacy Day. Or, if you are in Europe, it is called, Data Protection Day. What is Data Privacy Day?

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Investigating the invisible: Examining subtle racial discrimination (part 2)

The concept of a “microaggression” has received significant attention in recent years, and was explored more fully in a previous post. At its core, a microaggression is a subtle, often unintentional, behaviour that is rooted in stereotypes about marginalized groups. Despite the absence of ill will, microaggressions in the workplace can nonetheless amount to discrimination or harassment.

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Mental health at work: An employer’s duty to inquire

In cases where an employer suspects that an employee suffers from a mental illness that may be affecting their performance at work, the employer has a duty to inquire.

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The effect of signing a severance package

Question: Can employees get out of signed severance packages?

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with remote work options, wrongful dismissal and drug and alcohol testing.

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Accommodating mental disabilities in the workplace

In our previous blog on mental health in the workplace, we looked at the distinction between mental illness and ordinary stress and anxiety. We’ll now turn our attention to ways employers should approach their duty to accommodate employees with mental disabilities.

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Fired because of race? Consider a human rights claim

In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven of the employees had been discriminated against on the basis of race and colour, and one employee had been discriminated against on the basis of sex.

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Normal anxiety or mental illness? A guide for employers

Employers have a duty to accommodate employees suffering from mental illnesses. But distinguishing mental illness from ordinary anxiety is no easy matter.

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Release of previous employer has no effect on termination by subsequent employer

In Manthadi v ASCO Manu (2019 ONSC 5572) Fowler Byrne J. had a situation where a 64 year old welder had over 36 years with Company A. Company A sold its business to the Defendant. Company A paid the plaintiff her 8 weeks under the ESA and she signed a release. The defendant immediately hired her on the closing date. She was terminated a few months later.

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Bullying in the workplace

Bullying is usually seen as acts or verbal comments that could “mentally” hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate a particular person or group of people.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with revised WSIB policies, updated CRA tables, forms and guides, and workplace safety inspections.

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Is that porn discriminatory? Closed captioning and human rights

While the facts of the case in this article might be funny to some, it is an important reminder for employers in Ontario who provide services to the public. Provincially regulated businesses are subject to the Ontario Human Rights Code.

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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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