Duty of care

Alberta Court of Appeal confirms that directors may be held personally liable for injuries sustained in a workplace incident

April 26, 2019 Occasional Contributors Health and Safety, Human Resources, Penalties and Fines, Training and Development, 0

The Alberta Court of Appeal recently revisited the question of directors’ personal liability for injuries sustained in a workplace incident.

Corporate negligence, director liability, Duty of care, employment law, personal liability

Three popular articles this week on HRinfodesk

May 10, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting

The three popular articles this week on HRinfodesk deal with CPP and QPP upcoming changes, breaching the duty of care to a customer, and employee theft.

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2018 will be a pivotal year for employers and HR managers in Ontario – #LearnTheLatest

April 20, 2018 Adam Gorley Accessibility Standards, Announcements and Administration, Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Standard for Employment, Standard for the Built Environment, Training and Development, Union Relations

Learn the Latest at the Ontario Employment Law Conference

With most of the amendments of Bill 148 now in effect—along with significant updates to OHS and WCB provisions, the upcoming legalization of recreational marijuana, and more on the way—there are many substantial changes employers in Ontario have to deal with now and throughout 2018.

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Three popular articles this week on HRinfodesk

April 6, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

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Employers, be careful what you say during pre-employment discussions, it may cost you

September 30, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations

The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre–employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre–employment phone conversation. The statement in question was in reference to the Plaintiff’s eligibility for the Defendant’s long–term disability benefits plan. As a result, damages awarded to the Plaintiff for the negligent misrepresentation totalled nearly $100,000.

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Don’t make promises you can’t keep (even inadvertent ones) – a good lesson for all BC employers

June 28, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.

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Three popular articles this week on HRinfodesk

December 18, 2014 Yosie Saint-Cyr, LL.B. Managing Editor 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, Training and Development, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with sick-leave benefits; failing to reasonably protect employees; and, employee duty of care.

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British Columbia workers’ compensation policies take effect Friday, November 1

October 30, 2013 Adam Gorley Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

In March 2013, the Workers’ Compensation Board released three new policies on the duties of employers, workers and supervisors with respect to workplace bullying and harassment. These policies come into effect on Friday, November 1, 2013.

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HRinfodesk poll result and commentary: Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)?

September 5, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Wages and Compensation

Four hundred and sixty-two people responded to our recent poll, Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)? Of the respondents, 167 (36.15 percent) indicated yes. However, 148 (32.03 percent) disagreed and 147 (31.82 percent) were not sure. So, what is the right answer?

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Safety and security for business travellers: a legal and moral imperative for Canadian employers, part 2

January 18, 2012 David Hyde Employee Relations, Health and Safety, Human Resources

In some cases, business leaders fail to recognize that employee travel falls within the physical scope of workplace activities. In other cases, decision-makers believe that only those travelling to international high-risk destinations require any type of security protection. In most organizations, there is also a gap in knowledge when it comes to travel security, contributing to a lack of risk awareness and fragmented ownership of the function within the organization.

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Safety and security for business travellers: a legal and moral imperative for Canadian employers

December 16, 2011 David Hyde Employee Relations, Health and Safety, Human Resources

When it comes to employee travel, the risk landscape is changing for Canadian employers. The nature and extent of security and safety risks faced by today’s business traveller are expanding, and conditions on the ground for international travellers are becoming more unpredictable. In parallel with these changes, we are witnessing a tidal wave of new occupational health and safety statutes and regulations aimed at preventing work-related violence, including recent examples in Ontario, Manitoba and Newfoundland.

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Duty of care and sending employees abroad: How much do organizations need to care?

May 17, 2011 John Proctor Corporate Immigration, Health and Safety

More and more organizations are asking the question: “What are the responsibilities associated with managing a travelling workforce?” This question has been increasingly relevant as of late, with a number of Canadian companies taking notice of the recent events in Egypt, Libya, and Japan.

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