employment relationship

Common law reasonable notice of termination for independent contractors?

May 31, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

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Supreme Court of Canada confirms that all workplace harassment is protected – even by third parties

January 5, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada confirmed that human rights legislation is to be interpreted broadly and purposively and specifically found that the protection against workplace harassment is not limited to conduct perpetrated by an individual’s employer or co-worker. This decision will have significant implications for employers and employees alike.

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“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

November 13, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Recruiting and Hiring

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

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Update on probationary clauses from Ontario Court of Appeal

September 1, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation…six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

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Dishonesty in hiring process constitutes cause for dismissal

August 23, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Recruiting and Hiring

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. In this case, the plaintiff’s claim for wrongful termination was dismissed when the court found that the plaintiff’s omission on a security questionnaire amounted to dishonesty that went to the core of the employment relationship and was irreconcilable with sustained employment.

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Employers: Be careful of what you say about former employees to their new employers

July 25, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Be careful of what you say about former employees to their new employers, warns Toronto employment lawyer, Jeff Dutton. As evidenced in Drouillard v. Cogeco Cable Inc., if a former employer suggests to another employer to terminate a certain employee, the former employer could be liable for damages to that employee by way of the tort of inducing breach of contract.

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The damages formerly known as Wallace – Are they still relevant?

July 7, 2017 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

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Employee engagement in the modern workplace

June 14, 2017 Lisa Stam, Spring Law Employee Relations, HR Policies and Procedures, Human Resources, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation

The modern workplace requires innovation, agility and creativity when it comes to employee engagement, learning and development, how to accept and embrace the high turnover, gig economy, and how to stop generalizing generations. Few would disagree that an organization will only grow and thrive when it can figure out how to engage all individuals, not just certain demographics or generations.

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Three popular articles this week on HRinfodesk

May 11, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Penalties and Fines

The three popular articles this week on HRinfodesk deal with: Repeat violators from 2016 blitz; whether employer-employee relationship existed; and Labour force survey, April 2017.

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Former employee successfully sued for defamation for Facebook posts

March 31, 2017 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

In recent years, careless, or let’s say, less than sensible comments on social media have gotten countless employees in trouble with their boss. Employees who have used Facebook as a forum for posting threatening language and vile insults about a supervisor or offensive accusations about the company they work for have quickly been shown the door; and arbitrators and labour boards are often prepared to uphold these dismissals.

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Employee motivation is the key to higher retention rates

March 13, 2017 Beyond Rewards Inc Employee Relations, Human Resources, Training and Development

Employee morale and employee retention go hand in hand. If employees do not feel motivated at work, they will most likely start to look for a new job elsewhere. Tracking employee morale is essential for measuring retention rates within a company. The only precise way to measure employee morale is fairly easy: ask the employees directly.

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Probationary periods in Canada: Are they legal?

January 18, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

Probationary periods in employment… for something seeming so simple, they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often terminate ‘probationary’ employees without providing any compensation, only to be surprised by a demand letter or civil action claiming wrongful dismissal. So where do these challenges come from? And how can they be remedied?

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HR law and payroll 2017, what is in store?

January 3, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, 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, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.

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Discrimination and a decision on remedies

December 20, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

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Medical documentation request after employee illness

November 23, 2016 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

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