medical leave

Major changes coming to the Canada Labour Code

January 14, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

On December 13, 2018, Bill C-86, the Budget Implementation Act, No. 2, received Royal Assent. The Bill sets out substantial changes that affect federally regulated workplaces under the Canada Labour Code.

court or jury leave, employment law, Employment Standards Act leaves, family responsibility leave, family violence leave, holiday pay, medical leave, Notice of termination, parental sharing benefit, pay equity, rest periods

Is working notice appropriate while an employee is medically incapable of working?

September 21, 2017 Matt Lalande, Lalande & Company Lawyers Notice, Damages and Settlements, Payroll

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

employment law, medical leave, notice period, termination, working notice, wrongful dimissal

Three popular articles this week on HRinfodesk

September 14, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: how working notice is not appropriate when an employee is on a medical leave, Canadian salaries are expected to increase 2.3 percent in 2018 and the OHIP+: Children and Youth Pharmacare program launch.

2018 salary increase projection, employment law, medical leave, OHIP, working notice

Frustration of contract

January 8, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

contract of employment, contract of employment has been frustrated, Disability benefits, duty to accommodate the disabled worker, employment agreement, employment contract, employment law, employment relationship, frustration of contract, long-term absence, medical leave, return to work in the foreseeable future, termination, Termination Pay and Severance Pay, terminations, undue hardship

Personal information and medical leaves – careful what you disclose

September 21, 2015 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

I recently read an interesting case made by the Office of the Privacy Commissioner of Canada (decision 2014 – 014) stating that under subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA) that the employer’s purposes for disclosing the employee’s personal information regarding his medical leave were not appropriate in the circumstances and were not necessary for the organization to meet its employee schedule management needs in the context of its work environment.

disclosing the employee’s personal information, disclosure of certain employee personal information, employment law, management needs, medical leave, Office of the Privacy Commissioner of Canada, Personal Information Protection and Electronic Documents Act, PIPEDA, sensitive information

Doctor’s note not always a ticket to a successful human rights claim

January 21, 2015 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

When I was in high school and university, it was not uncommon for a few of my classmates to fall ill during exams or just prior to a major test. When explaining to the teacher the next day why they were not present to write the test, one of the more common responses from the teacher would be, “Bring a doctor’s note.”

accommodation process, discrimination based on disability, doctor's note, duty to accommodate, employee leave of absence, employment law, health difficulties, human rights claim, Human Rights Tribunal of Ontario, illness, medical information, medical leave, undue hardship

Mistaken termination, no wrongful dismissal

April 30, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Ten months after Imelda Roche went on medical leave, her employer sent her a termination letter, believing that she was better but choosing not to return to work. But when the employer found out Roche was still not well, it rescinded the termination and restored her benefits. Roche wasn’t impressed and sued for wrongful dismissal at the Supreme Court of Newfoundland and Labrador.

employment law, health benefits, long-term disability leave, medical leave, mistaken termination, Newfoundland and Labrador, poor communication, repudiation of contract, restoring benefits, restructuring, Return to work, revoking termination, severance, terminating employee on medical leave, termination, termination with cause, workplace communication, wrongful dismissal