communications
Employees, corporate transactions and the entrepreneur
May 11, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation

An entrepreneur’s workforce grows either through fresh hires or through the acquisition of companies that bring along new employees. Whether your organization is a large multi-national in a complex mergers and acquisitions (M;&A) transaction or a start-up looking to acquire a 2-person corporation with a new development line or skill set, the employment law implications are complex, yet largely the same.
asset transaction, business transaction, buying assets or shares, communications, continuous employment, Due diligence, employee morale, employment contract, employment law, entrepreneurs, Mergers and acquisitions, negotiations with a seller, sale of business, share transaction, successor employer, terms of employment, workforce, wrongful dismissal
Another failure to implement random alcohol and drug testing policy in the workplace
June 25, 2014 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations

Suncor Energy Inc. has recently attempted to implement a mandatory, random drug and alcohol testing policy among employees in “safety-sensitive” or “specified” positions at their oil sands work site Fort McMurray, Alberta. These positions are held by about 82 percent of the 3,383 union members employed at the site.
alcohol and drug use in the workplace, breathalyzer testing, communications, employees’ rights to privacy, employment law, Energy and Paperworkers Union of Canada, filing a grievance, HR policy, Local 30 v. Irving Pulp & Paper, near-miss history, policies and procedures, random alcohol and drug testing policy in the workplace, random alcohol testing, random testing policy, reathalyzer and urine tests are considered very invasive, safety-sensitive position, serious invasion of employees’ privacy, unionized employees, urine tests
Aiming for the sky: Unions in Canada
July 22, 2013 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

What would your company do if faced with a union organizing drive like WestJet? WestJet has been targeted by CUPE to sign up its 2800 or so flight attendants to the union. It is understandable that the union is going after WestJet at this time. With its recent growth and upcoming changes the company is more vulnerable than it was in its roots as a more local, smaller and “family of owners” incarnation. This union organizing drive will be closely watched by union supporters, companies and politic.
Canada Labour Relations Act, certification order, communications, Labour Law, Labour Relations Board, New Social Movements, right to unionize be balanced with social responsibility and affordability, social movements, union, union certification, union organization, unionization, unionization drive, Unions, WestJet
Employer sexually harassed adolescent employee
March 18, 2013 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The Yukon Human Rights Board of Adjudication just found that a teenaged employee was sexually harassed by her employer with persistent unwelcome sexual conduct. This finding was underscored by the power imbalance, age difference and generational communication issues present. That said, the harassment was considered to be at the most mild end of the spectrum of sexual harassment.
age difference and generational communication issues present, communications, conduct and behaviour, dress codes, employee policies, employee's perception of the relationship that was central, Employer sexually harassed employee, employer-employee relationship, employment law, harassment, left her employment as a result of the behaviour, misconduct, no formal schedules, power imbalance, questionable emails, questionable texts and other interactions, sexual assault, sexual harassment, sexually harassed, social communication, unwelcome sexual conduct, work environment, Yukon Human Rights Board of Adjudication
Social media make it easy to create controversy, but smart practices can limit the risk
August 16, 2010 Adam Gorley Employee Relations, Human Resources, Human Rights, Privacy and Security
Technology usually helps us function by making daily tasks easier, safer, more efficient, and so on. But sometimes a technology comes along that doesn’t simply improve the way we do something, it actually creates a new type of behaviour. I think this is the case with online social networking, which allows individuals to broadcast to mass audiences in a way that wasn’t available in the past. The question remains, however, as to whether this activity makes life any easier! Some have certainly found it just causes them trouble.
Canadian Football League, CFL, communications, discrimination, marketing, policy, racism, social media, social networking, social networking policy, technology, twitter
Social media in the workplace: Oh what to do!? (part 2)
October 5, 2009 Adam Gorley Human Resources, Privacy and Security

Some companies have applied traditional methods to the problem of social media at work: the soft approach attempts to monitor and regulate via policies; and the hard approach simply slams the door on employee access and use with a heavy hand. Neither of these works particularly well. The former will almost certainly lead to employee confusion and efforts—either intentional or not—to circumvent the policy, and the latter will likely result in discontented employees finding other ways to work around the blockade. In addition, both are difficult, if not impossible, to enforce fully; and attempts to bypass or evade controls could even lead to damage of physical or virtual IT resources.
communications, content filtering, employee conduct, facebook, IM, instant messaging, policy, social media, social networking, twitter, web 2.0
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