consent
January 7, 2019 Christina Catenacci Employee Relations, Human Resources,
Last spring, the Office of the Privacy Commissioner of Canada released an important guidance document concerning meaningful consent. It now applies as of January 1, 2019.
consent, consent process, data protection, employment law, meaningful consent, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy
August 30, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Wages and Compensation
The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.
Alberta Personal Information Protection Act, British Columbia Personal Information Protection Act, collecting personal information, collection, compensation, consent, employment law, employment standards act, ESA, Jones v Freidman, limitation period for wrongful dismissal, meaningful consent, obtaining consent, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy, privacy policies, Quebec Act respecting the protection of personal information in the private sector, salary increases, Severance pay, use and disclosure of personal information, wages, wrongful dismissal, wrongful dismissal claim
July 9, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with major changes to PIPEDA; family status test in Alberta; and termination due to a mental disability.
big data, Breach notification, consent, Data breach, Digital Privacy Act, discrimination, employment law, family status test, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy, termination due to a mental disability
August 25, 2014 Stringer LLP Employee Relations, HR Policies and Procedures, Human Resources, Penalties and Fines, Privacy and Security
Your employee is on Facebook over her lunch break, when she notices that her friend’s brother is the President of a start-up that could likely use your company’s services. She retrieves his email address from Facebook and sends him an email from her company email account, looking to arrange a coffee meeting to catch up and perhaps talk business. This scenario is one of many vulnerabilities facing Canadian employers since the coming into force of the new Canadian Anti-Spam Legislation
Anti-spam, Business, Canadian anti-spam legislation, CEMs, civil litigation, commercial electronic messages, company email account, consent, Consent must be explicit, contact information, distribution list, electronic business communications not consented to by their recipient, electronic communications, email, Employer liability, employment law, marketing, mass email marketing, opt-in, opt-out, penalties and civil liability, social media platforms, spam, unsubscribe link requirement
January 10, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources
In the name of transparency and building public confidence in the local police force, Dallas police chief David O. Brown has begun posting announcements of staff terminations and demotions on the social networking services Twitter and Facebook. Chief Brown is surely blazing a trail with the controversial practice, but it remains to be seen whether others will follow—or if it’s even legal…
access to information, bad faith, bad faith dismissal, bad faith in the employer's conduct, bad faith in the matter of the dismissal, bad faith termination, compliance with privacy legislation, consent, Dallas, Dallas police chief, David O. Brown, discipline, discipline for misconduct, disclosure controls and procedures, disclosure of personal information, employee discipline, Employee privacy rights, Employee records, employee’s consent, employment law, facebook, Facebook firing, financial crisis, fraud, freedom of information request, improper disclosure of confidential information, personal information, police, police chief, police misconduct, privacy, privacy legislation, Private sector, public confidence, public disclosure, public sector, public trust, radical transparency, recession, reputation, right to privacy, termination, to serve and protect, transparency, twitter
April 12, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Union Relations
Imagine you were working as a clerk in a grocery store, and your manager suspected you of stealing some product off the shelf. She has no concrete evidence, only hearsay from a co-worker. An investigation turns up nothing, and you continue working as though nothing had happened. But the manager notified your employer, and your employer added your name to a database of suspected employee thieves, which all sorts of retailers of all sizes subscribe to in order to avoid hiring persons of questionable character.
background check, coercion, collect use or disclose personal information, consent, Criminal Record Checks, databases, disclose personal information, discrimination, due process, employee communication, employee theft, employee theft database, employment law, innocent employees can be harmed, Personal Information Protection and Electronic Documents Act, PIPEDA, police record check, policies on employee theft, positive work environment, provincial privacy laws, reasons for employee theft, suspected thefts
May 14, 2012 Adam Gorley Human Resources, Privacy and Security
Industry Canada and the CRTC have prepared final spam regulations, but Industry’s are undergoing a second round of consultation. The minister has revised the estimated time: “the anti-spam legislation is expected to take effect next year”…
anti-spam regulations, Canadian anti-spam legislation, CASL, commercial electronic message, consent, CRTC, fightspam.gc.ca, Minister of Industry, spam, spam consultation, spam quiz, two-click unsubscribe
April 10, 2012 Adam Gorley Employee Relations, HR Analytics, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring
You’ve probably heard by now that some employers in the United States have come up with the idea of asking prospective employees for their Facebook passwords so they can take a closer look at what these candidates are all about. Is it legal? Is it ethical? Is it fair?
Absenteeism, consent, discrimination, employment law, facebook, googling, length of employment, performance, policy and procedures, protected grounds, reference check, reference checking, resignation, Social interview, social media, social networking, termination, turnover
June 29, 2011 Christina Catenacci Human Resources, Privacy and Security
The Office of the Information and Privacy Commissioner of Alberta has determined that an employer violated the Personal Information Protection Act and the Freedom of Information and Protection of Privacy Act when it disclosed more information than necessary to determine the employee’s eligibility for disability benefits, and that the group insurance provider used the information without consent.
Alberta, Breach of privacy, collecting medical information, consent, Disability benefits, Disclosing medical information, eligibility for disability benefits, employment law, Freedom of Information and Protection of Privacy Act, group insurance, Office of the Information and Privacy Commissioner, oipc, personal information, Personal Information Protection Act, using medical information, workers’ compensation, workplace injury
January 17, 2011 Adam Gorley Human Resources, Privacy and Security
The Anti-spam bill places restrictions on the type of unsolicited communications organizations can send. You will only be allowed to send commercial electronic messages if the recipient has given express or implied consent. A commercial electronic message is one whose purpose is “to encourage participation in a commercial activity”…
Anti-spam bill, bill C-28, Canadian Radio-television and Telecommunications Commission, commercial electronic message, consent, consent to send electronic messages, CRTC, ecommerce, electronic commerce, Electronic Commerce Protection Act, electronic communication, malware, McCarthy Tétrault, Personal Information Protection and Electronic Documents, PIPEDA, spam, spyware, unsolicited communications
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
