liability

Holiday party do’s and don’ts

November 19, 2018 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources

As the holiday season approaches, it’s time to revisit the law of employer host liability. If your organization is planning to host a workplace holiday party where alcohol or other legal intoxicants may be served or used, you’ll want to protect your guests from harm and your organization from the potential for significant liability for damages sustained or caused by an impaired employee.

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After the accident: Pitfalls to avoid for employers after workplace accidents #learnthelatest

May 25, 2016 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations, Wages and Compensation

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

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Good grief: How to respond to frivolous human rights claims

December 15, 2014 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

Human rights protections are among the most important in law. Being constitutional or quasi-constitutional in nature (depending on the context), most employers and service providers rightly pay close attention to their obligations with respect to avoiding instances of discrimination. However, sometimes no matter how good your people or process, a frivolous human rights complaint may come to visit your business.

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Five employment issues facing Ontario retailers

September 4, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.

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Misconceptions of a probationary period can expose employer to liability

April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.

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Accommodation of family status

November 1, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Human Rights

A recent decision of the Ontario Human Rights Tribunal provides a timely reminder of two important points in the context of accommodation of employees…

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How do you count length of service/seniority in relation to employee leaves of absence?

October 4, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Union Relations

There is significant confusion regarding how periods of leave are to be treated when entitlements are based upon length of service; this included the amount of notice of dismissal that may be required…

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Five steps to effective internal investigations

June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security

How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…

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Does your organization need a mobile strategy?

May 7, 2012 Adam Gorley Employee Relations, Human Resources, Privacy and Security

If your employees use mobile devices to perform work, then you probably do…

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After the Chilean mine disaster – How HR got it wrong

August 16, 2011 John Proctor Health and Safety, Human Resources

The first anniversary of the Chilean mine disaster is an opportune time to take a closer look at the key aspects of managing human resources, and how we can avoid some of the mistakes that were made during the Chile mine incident.

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Managing difficult terminations – Learn the latest

May 4, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Conferences, Employment/Labour Standards, Human Resources

When it comes to employee termination, it is important to follow standardized procedures and to establish this process well before the need to fire an employee presents itself. Unfortunately…

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LTD claims by dismissed employees

April 7, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…

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Employer obligations and the holiday party

November 30, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources

The holidays are right around the corner and this often translates into lots of company-sponsored events, parties and commitments. While these events bring joy and merriment to employees, they can also bring legal troubles for employers related to alcohol, harassment, violence and discrimination.

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Social media presenting new challenges and opportunities for people in HR

September 15, 2010 Andrew Taillon Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is becoming more and more common to hear of employers “googling” prospective employees. Where a prospective employee has a significant presence on the Internet through social media, the employer may become privy to a number of facts about the prospective employee that he or she may not have known previously.

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