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Wallace Damages has two components

March 23, 2020 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.

employment law, mental distress, unjust dismissal claim, Wallace damages

Constructive dismissal in the time of COVID-19

March 20, 2020 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 1

While mandatory remote work and temporary layoffs are likely a component of the overall pandemic response, employers may ultimately run into the legal complication of a constructive dismissal claim.

constructive dismissal, COVID-19, employment law, pandemic planning, pandemic response, temporary layoff, work from home

COVID-19: Ontario declares a state of emergency

March 20, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, 0

On Tuesday, March 17, the Premier of Ontario declared a state of emergency in Ontario amid the COVID-19 outbreak.

COVID-19, emergency leave, Emergency Leave-Declared Emergencies, employment law

Québec’s new temporary work assistance program

March 19, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

The COVID-19 pandemic continues to pose challenges for Canadian employers, particularly in relation to the various measures put in place by governmental authorities to encourage workers’ self-isolation. In order to alleviate the economic consequences of self-isolation measures in these exceptional times, the government of Québec announced on March 16, 2020, the establishment of a Temporary Work Assistance program (the Programme d’aide temporaire aux travailleurs) (PATT).

COVID-19, Employment Insurance, employment law, temporary layoffs, temporary work assistance program

COVID-19 impact: Border closures & foreign workers

March 19, 2020 Occasional Contributors Government Budgets, Throne Speeches and Plans, Health and Safety, Human Resources, Recruiting and Hiring, 0

In a press conference on March 16, 2020, Prime Minister Justin Trudeau announced that Canada would be closing its borders to non-citizens and those without permanent resident status starting today (March 18) in an attempt to slow the spread of COVID-19.

COVID-19, cross-border travel, employment law, Foreign workers, travel disruptions

E-1 Visas for Canadian production companies

March 18, 2020 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring, 0

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.

employment law, foreign nationals, Labour Law, trade workers, visas, work permits

Sick with worry: An employer’s guide to managing coronavirus concerns in the workplace

March 17, 2020 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Training and Development, Wages and Compensation, 0

Coronavirus – by now, that’s a term we’ve all heard. The 2019 Novel Coronavirus is a new and contagious respiratory virus characterized by fever, coughing, and shortness of breath. Coronavirus symptoms are common to a lot of viral illnesses, and in many respects, a mild coronavirus infection can look a lot like a bad cold or flu. However, in some cases, coronavirus can lead to significant and life-threatening complications.

caregiver leave, Coronavirus, COVID-19, discrimination, employment law, pandemic planning, refusal to work, sick days, sick leave

Hearing racial slur in song lyrics not prohibited discrimination: BCHRT

March 16, 2020 Sean Bawden Human Resources, Human Rights, 0

Is hearing music that contains a racial slur, playing in a retail establishment, sufficient to establish discrimination under section 8 of the British Columbia Human Rights Code.

British Columbia Hu, discrimination, employment law, human rights discrimination claims, racism

Permissible pay deductions in the event of an employee’s sudden resignation

March 13, 2020 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, 0

It is understandable that some Ontario employers may wish to take steps to disincentivize staff from leaving without advance notice. The circumstances in which an Ontario employer may lawfully withhold (or deduct) an employee’s pay, however, are quite limited.

employment law, notice of resignation, pay deductions, resignation

Managing the coronavirus (COVID-19) for employers

March 12, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Training and Development, 0

The spread of the novel coronavirus (COVID-19) has been the dominating news topic of 2020 so far. Canadian health officials maintain that, at this point, the risk of contracting COVID-19 remains low in all parts of Canada. However, it is important for employers to be prepared to respond as COVID-19 continues to develop both in Canada and globally.

corona, COVID-19, discrimination in employment, emergency response planning, employment law, quarantine, right to refuse work

Surveillance in the workplace

March 11, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Privacy and Security, 0

Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous.

employment law, expectation of privacy, PIPEDA, surveillance, surveillance cameras, video surveillance

Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

March 10, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

abuse in the workplace, bullying in the workplace, chronic mental stress, employment law, harassment, mental stress, workplace harassment, Workplace Safety and Insurance Act, WSIA

Are you reporting potentially serious incidents?

March 9, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Training and Development, 0

Alberta employers have long been required to report “serious workplace injuries and incidents” to Alberta Occupational Health and Safety (“OHS”) as soon as possible.

accident reporting, employment law, occupational health and safety, serious accidents, workplace injuries and incidents

No obligation to accommodate employee’s “preference” to work closer to home

March 6, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.

accommodation, discrimination in employment, duty to accommodate, employment law, prima facie discrimination

Three popular articles this week on HRinfodesk

March 5, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with meal and vehicle rates, employment law changes in Alberta and rules for working in the cold.

cold stress, employment and labour law, employment law, meal and vehicle rates, travel expenses, Working in the cold

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