employment law

What the Coronavirus means for Canadian employers

February 26, 2020 Devry Smith Frank LLP Health and Safety, HR Policies and Procedures, Human Resources, 0

Over the past several weeks, news of the Novel Coronavirus (2019-nCoV or Coronavirus) has dominated our newsfeeds, which at the time of writing has three confirmed cases in Ontario, two of which are in Toronto. The virus has been declared a global health emergency by the World Health Organization (WHO) and in order to control the outbreak, China has responded with an aggressive strategy and taken the extraordinary step of confining residents in the city of Wuhan (the epicentre of the outbreak) to their homes.

employment law, flu symptoms, health, injury or quarantine, pandemic planning, quarantine, sick leave

The enforceability of arbitration clauses in BC employment contracts

February 25, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, 0

The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 (“Uber”).

arbitration clause, employment contract, employment law, wrongful dismissal, wrongful dismissal claim

Doing zilch re mitigation reduces notice period from 14 to 12 months

February 24, 2020 Barry B. Fisher LL.B. Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Seykors v Rural Municipality of Lake Lenore (2019 SKQB 225) Richmond J. reduced the notice period by 2 months where the Plaintiff’s mitigation efforts were minimal and he had not applied for even one job.

employment law, failed to mitigate his loss of employment, mitigation, notice period, termination

Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

February 21, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, 0

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

accommodation, collective agreement, employment law, labour arbitration, Labour Law, negligent misrepresentation

Pandemic planning in the workplace

February 21, 2020 Beyond Rewards Inc Health and Safety, HR Policies and Procedures, Human Resources, 0

It is important to ensure that your organization is prepared for potential threats through pandemic planning. In doing so, the protection of your employees is ensured when a potential threat arises. Pandemics are the spreading of a new disease; without proper planning a pandemic can affect multiple employees and increase safety risks.

employment law, health and safety policy, pandemic, Pandemic Plan, pandemic planning

When can LTD benefits frustrate an employment contract?

February 20, 2020 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

Disability benefits, Dismissal, duty to accommodate, employment contract, employment law, frustration of employment contract, Long-term disability, short-term disability

Let’s “talk” – Sweet employee engagement

February 19, 2020 Piccolo Heath LLP Employee Relations, Human Resources, Training and Development, 0

It’s important to remember that employee engagement is more than employees feeling good about the work they do or liking the people with whom they work. It’s about an employee feeling that they have a role in the company or on the team, that they make a difference, and that they aren’t just a cog in the corporate wheel.

communication at work, employee communication, employee development, employee engagement, employee recognition, employment law, encourage employees, growth training, positive work environment, productivity

Non-consensual sharing of intimate images grounds for summary dismissal

February 18, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

digital privacy, Dismissal, employment law, just cause, serious misconduct, sexual harassment, termination, workplace investigation

Family Day February 2020: Which jurisdictions have a day off with pay?

February 14, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation, 0

Family Day, Monday, February 17, 2020, is celebrated in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick. Family Day (may have a different name depending on the jurisdiction) is recognized as a public (statutory) holiday in these provinces and employees get the day off with pay, if eligible.

employment law, general ho, general holidays, holiday pay, hours of work, public holidays, Retail Business Holidays Act, statutory holidays

Smokers need not apply: can Ontario employers refuse to hire nicotine users?

February 14, 2020 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, 0

As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year. While it may be easy to understand U-Haul’s stated rationale for introducing this anti-tobacco policy, to adopt the same in Ontario would likely expose the company to liability.

discrimination in employment, employment application, employment law, health, human rights code, nicotine users, smoking, tobacco use disorder

DHS commences pilot project to collect DNA from certain travellers

February 13, 2020 Henry J. Chang, Dentons LLP Employee Relations, Human Resources, Privacy and Security, 0

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020. This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States.

cross-border travel, DNA collection, employment law, privacy and security risks, travel to the US

Three popular articles this week on HRinfodesk

February 13, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, 0

The three popular articles this week on HRinfodesk deal with the Coronavirus, a 2020 employment and labour summary and workplace absenteeism policies.

Absenteeism, Coronavirus, employment and labour law, employment law

Are changes to Canada’s Privacy Law landscape on the horizon?

February 12, 2020 Lisa Stam, Spring Law Employee Relations, HR and Technology, Human Resources, Privacy and Security, 0

It looks like 2020 might be the year where Canada catches up in the realm of privacy and data protection laws. These will likely have a ripple effect throughout the workplace.

control and consent, data privacy, data protection, Digital Charter, employment law, privacy, security, transparency

Wrongful dismissal update: Judge upholds just cause termination for a 30 year employee who touched a co-workers buttock

February 11, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting versions of what happened, was just cause for termination for an employee with 30 years’ service who had a clean disciplinary record.

#MeToo movement, employment law, harassment in the workplace, just cause, Just cause termination, sexual harassment

Full and final release upheld by the HRTO

February 10, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

Dismissal, employment law, full and final release, termination, termination package