17th Annual Ontario Employment Law Conference

FAQ: Family status and child care difficulties #learnthelatest

June 27, 2016 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation

At the June 2, 2016, Ontario Employment Law Conference, during the Q&A session, we received numerous questions on topics covered at the conference but could not address them all. From time to time, till the next conference, we will be posting and answering some of these questions on the blog.

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Addressing the effect that two new proposed Ontario statutory leaves may have on your organization #learnthelatest

June 24, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

First Reference Talks readers and 2016 Employment Law Conference attendees were introduced to two new proposed leaves in Ontario, Employee Leave of Absence When Child Dies and Domestic and Sexual Violence Workplace Leave. In order to get a further grasp on what the two new proposed leaves would mean for employers, I went to employment law lawyer Frank Portman of Stringer LLP to ask a few questions I thought our readers would want answers to.

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Interview with the Chief Commissioner of the OHRC on gender specific dress code

June 9, 2016 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development, Union Relations

With the Ontario Human Rights Commission’s recent position on gender-specific dress codes, and with the increase of attention in the news regarding bars and restaurants requiring women to wear high heels, low-cut tops and short skirts, I thought it would be beneficial for our readers to get Chief Commissioner Renu Mandhane’s take on the issue of gender specific and sexualized dress codes in the workplace, and what employers should be doing to ensure that their dress codes are in compliance with Ontario’s Human Rights Code.

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The 17th Annual Ontario Employment Law Conference highlights and wrap-up #learnthelatest

June 6, 2016 Cristina Lavecchia Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation

Thank you for everyone’s participation in this year’s conference. The following is a brief overview of some of the employment topics that were discussed at this year’s conference. We look forward to seeing you next year!

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After the accident: Pitfalls to avoid for employers after workplace accidents #learnthelatest

May 25, 2016 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations, Wages and Compensation

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

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It takes two to tango: Superior Court rules on employees’ duty to facilitate in the accommodation process

May 13, 2016 Stringer LLP Accessibility Standards, Conferences, Employee Relations, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation

Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to work of employees who require disability-related accommodation. An important aspect of this duty is procedural, i.e. the steps taken to search for a reasonable accommodation. Even if an employer ultimately cannot accommodate without undue hardship, failure to engage in the procedural aspect of the duty to accommodate is a violation of the Human Rights Code.

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More time, more money: New, unique Employment Standards Act leaves proposed by legislature #learnthelatest

May 3, 2016 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits

There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000 (“ESA”). Outside of introducing the new leaves and obligations on employers, these Bills could be the canary in the coalmine for further extensive increases to leave entitlements under the ESA.

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Fixed-term fiasco: Employee profits off of termination of term contract #learnthelatest

April 26, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period.

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Family status protection for infrequent and unexpected childcare obligations #learnthelatest

April 20, 2016 Stringer LLP Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.

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Employer liable for disclosure of employee confidential medical and employment information #learnthelatest

April 8, 2016 Stringer LLP Conferences, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations

The law has become increasingly sensitive to the need for the protection of personal information from public disclosure. This is of particular concern for employers, who often possess a wealth of personal information about their employees. With this possession comes responsibilities that can trigger legal liability if not fulfilled.

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No room left for doubt: Ontario introduces new workplace harassment obligations #learnthelatest

April 6, 2016 Stringer LLP Conferences, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Training and Development, Union Relations

Workplace harassment has been at the forefront of labour and employment law over the past several years, particularly in relation to the employer’s duty to investigate. The trend continues with the Ontario Government’s recent introduction of Bill 132, the Sexual Violence and Harassment Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016. Bill […]

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17th annual Ontario employment law conference early bird registration #learnthelatest

February 25, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Announcements and Administration, Conferences, Human Resources, Payroll

Registration is now open for the 17th Annual Ontario Employment Law Conference, presented by First Reference and Stringer LLP on Thursday June 2, 2016.

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