employment
October 27, 2017 Kevin Sambrano, Sambrano Legal Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.
adjudication, Dabic v. Windsor Police Service, discrimination, dismissed application, employment, employment law, fairness, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano paralegal Toronto, reasonable prospect, Summary Hearings, the Code, Tribunal, Wilson v. J Sterling Industries
August 24, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.
claims of wrongful dismissal, constructive dismissal, eldercare, eldercare obligations, employment, employment contract, employment law, mitigation of losses, Ontario Employment Standards, probation clause, temporary layoff, termination without cause, termination without notice, the need for accommodation, work family balance
July 22, 2016 Beyond Rewards Inc Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Training and Development
Presenteeism results in productivity loss, workplace epidemics, or poor health and exhaustion, which can lead to higher absenteeism for longer periods or accidents. Whether it is a physical or mental ailment, employees should be staying home when they are unable to be present at work. Being physically at work is different than being present at work. It is one thing to show up at work; it’s another thing to be actually productive while at work.
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March 22, 2016 Marcia Scheffler Employee Relations, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Do you use nudges in your organization? You probably do, even if you are not aware of them. If you are not aware of the nudges that your organization is providing, you also may not be nudging in a strategic direction. A recent business book has opened my eyes to the strategic use of nudges in various human resources functions, both for the betterment of employees and the organization.
choice architect, employee-employer contribution plans, employment, generic prescription, health care spending account, human resources functions, Nudges in employee benefit plans, Nudges in employee health, Nudges in employee retirement plans, nudges in various human resources functions, Nudging employees, retirement savings
March 3, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation
Hegemony in the context of disability works on a level where systems are negotiated by society’s institutions. The ability of an institution to accommodate new demands in terms of accessibility is an example of the institution’s flexibility. However, there are institutions that are so ingrained in history and social context that they prove to be almost unmovable (Omi & Winant, 1980). This is how disability and hegemony interact at the simplest level, but on another level there is a grid of interlocking systems that cater to the category of disability, as well as perpetuate discrimination in its current form. These systems of societal input inform and naturalize dialogues of discrimination.
Disability, discrimination, discriminatory practices, duty to accommodate, employment, Hegemony, labour force
January 25, 2016 PeopleInsight Workforce Analytics Employee Relations, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Recruiting and Hiring, Training and Development
In this second blog topic, we’re going to look at CHRO Hot Topic #2: There’s a shift underway in the Engagement space. From what I can see, there are a number of forces at play in the engagement industry.
Aon Hewitt framework, business results, CHRO hot topic, collection and mapping of engagement data/survey, employee engagement, employment, Engagement space, highly engaged talent, HR Metric, Say, Stay and Strive
December 16, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.
accommodation, accommodation to the point of undue hardship, Breastfeeding, Canada (Attorney General) v Johnstone 2014, canadian employment law, Canadian Human Rights Act, daycare, discrimination, discrimination on the grounds of sex and family status, duty to accommodate, employment, employment law, federal court of appeal, Flatt v. Canada (Attorney General) duty to accomdate, grievances, Industry Canada, Kevin Sambrano, Labour Law, Laura Flatt, maternity leave, policies and procedures, Public Service Labour Relations and Employment Board, teleworking, Treasury Board of Canada, work accommodation
July 27, 2015 PeopleInsight Workforce Analytics Employee Relations, HR Analytics, HR Policies and Procedures, Human Resources, Recruiting and Hiring
Are you facing challenges to attract, qualify and hire high-quality candidates as quickly and efficiently as your business needs?
Business needs, candidate data, candidate pipeline analytics, employment, hire high-quality candidates, hiring manager, HRmetrics, PeopleInsight, recruiters, recruiting process, screening for the right candidates
October 27, 2014 Kevin Sambrano, Sambrano Legal Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring
When does a job advertisement breach the Ontario Human Rights Code? The same question was asked and answered in Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13. When the Complainant, Caroline Wedley, was terminated from her job as a cleaner, she alleged that she was told by management that they were seeking to hire two […]
Anti-Discrimination Policy and Human Rights Complaints Procedure, Caroline Wedley, employment, employment law, gender discrimination, hiring process, human rights code, Human rights Code Ontario, Job advertisement, job applicant, Kevin Sambano, Ontario Human Rights Tribunal, public interest remedies, recruitment and selection policy, selection process, sex discrimination, termination, Wedley v. Northview Co-operative Homes Inc.
May 14, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring
Effective May 1, 2014, a maximum of 25,500 new Federal Skilled Worker applications without an offer of arranged employment (including 500 applications in the PhD student/graduate stream), 5,000 new Federal Skilled Trades applications, and 8,000 new Canadian Experience Class applications will be considered for processing between May 1, 2014, and April 30, 2015, unless otherwise indicated in a future Ministerial Instruction.
Canadian Experience Class, cap, caps, CEC, CIC, Citizenship and Immigration Canada, employment, employment law, Federal Skilled Trades, federal skilled worker, Foreign workers, FST, FSW, Hiring foreign workers, MI, Ministerial Instructions, student/graduate stream
March 26, 2014 Christina Catenacci Human Resources, Human Rights, Recruiting and Hiring
This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer’s liability.
age, age discrimination, application forms, discrimination, documentation, duty to accommodate persons with disabilities, employer did not discriminate against the applicant based on age, employer's liability, employment, employment law, hiring, hiring manager, hiring process, Human rights complaint, importance of documentation, interview, job applicant, Job offer, pre-screening process, principle of equal opportunity, principle of non-discrimination, selection process, telephone conversation, The Northwest Territories Human Rights Adjudication Panel
January 22, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
In the recent decision of IBM Canada Limited v. Waterman 2013 SCC 70 (CanLII), the Supreme Court of Canada confirmed that an employee’s pension benefits should not be deducted from his/her common law entitlement to pay in lieu of notice arising from a wrongful dismissal.
breach of contract, collateral benefit, common law, common law entitlement to pay in lieu of notice, compensating advantage, damages for wrongful dismissal, defined benefit pension, employee contributed to the costs of the benefit, employment, employment contract, employment law, IBM Canada Limited v. Waterman, IMB, loss of employment, Notice of termination, notice period, pay in lieu of notice, Pension benefits, period of reasonable notice, retirement savings, Supreme Court of Canada, wrongful dismissal
August 27, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Notice, Damages and Settlements, Payroll
Through mergers and expansion many Canadian companies now have substantial foreign operations. As a result, employees often find themselves, whether by choice or compulsion, transferred to a foreign country. When a dispute arises with the employer while the employee is working in that foreign country, the question arises as to which justice system will take jurisdiction over that dispute. Clearly, the obligation on the employee to sue in the foreign jurisdiction will increase both the cost and the inconvenience of enforcing her rights under her contract of employment, whether written or oral.
Business, canadian employment law, contract of employment, corporations, Dismissal, employment, employment law, expansion, foreign jurisdiction, forum non conveniens, jurisdiction, lawsuit, management, mergers, pierce the corporate veil, terminated without notice or pay in lieu of notice, termination, terminations, tort or breach of contract, Where to sue, working in a foreign country, wrongful dismissal
July 15, 2013 PeopleInsight Workforce Analytics Employee Relations, HR Analytics, HRMS, Human Resources, Recruiting and Hiring
It’s an exciting time in the human capital business… and more specifically, in the business of both acquiring the right talent, and in driving effectiveness of that talent once they cross the threshold of your organization’s door as an employee.
Analytics, business analytics, business data, business outcomes, candidates, cloud-based workforce, employment, human capital, human capital lifecycle, information integration within the organization, John Pensom, LinkedIn, new hire performance, quality of hire, QuIRC, recruiters, recruitment, recruitment data, recruitment efforts, Talent acquisition, talent pools, turnover, workforce
May 23, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation
How does your group health and life insurance benefits plan compare to the plan offered by other companies? That is the question we asked our readers in one of our recent polls. Out of 196 respondents,…
beneficiaries, company group benefit plan, competitive edge in the job market, contract between the employer and the insurance company, employee retention, employee turnover, employees health care, Employer provided benefits, employment, employment law, enrollment, financial risk of health related expenses, financial security, group health and life insurance benefits plan, HRinfodesk, HRinfodesk poll result and commentary, insurance company, minimize costs associated with high turnover, most premiums an employer pays are tax deductible as a business expense, terms and conditions of the policy
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
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
HRinfodesk poll result and commentary: Offering group health and life insurance benefits plan provides you with a competitive edge in the job market
May 23, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation
How does your group health and life insurance benefits plan compare to the plan offered by other companies? That is the question we asked our readers in one of our recent polls. Out of 196 respondents,…
beneficiaries, company group benefit plan, competitive edge in the job market, contract between the employer and the insurance company, employee retention, employee turnover, employees health care, Employer provided benefits, employment, employment law, enrollment, financial risk of health related expenses, financial security, group health and life insurance benefits plan, HRinfodesk, HRinfodesk poll result and commentary, insurance company, minimize costs associated with high turnover, most premiums an employer pays are tax deductible as a business expense, terms and conditions of the policy