On September 28, 2017, the Privacy Commissioner of Canada created a draft guidance document providing clarification on inappropriate data practices, specifically focusing on subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA). This provision is entitled, “Appropriate purposes”, and states that, “an organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances”.
The three most popular HRinfodesk articles this week deal with end of the year 2012 and what's new for payroll 2013, a pension plan member passes away with two spouses, and a breach of confidentiality in a settlement agreement.
How not to fire an employee
The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. (In PDF)
Charity runs afoul of Canada Revenue Agency
Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. (In PDF)
Failure to disclose workplace affair results in termination for cause
In the recent Ontario Superior Court of Justice case of Reichard v. Kuntz Electroplating Inc., the Court held that an employer was justified in its decision to terminate an employee for cause after almost 24 years of service due to the nondisclosure of a workplace affair that violated company policy and resulted in a … Continue reading “Most-viewed articles this week on HRinfodesk”