policies and procedures
December 4, 2017 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Wages and Compensation
With the new Fair Workplaces, Better Jobs Act, 2017 coming into force, new provisions have been put into place. One such provision is the right to request a change to work schedule or location. What are an employer’s obligations under this provision?
Bill 148, employee relations, employment law, Employment Standards Act 2000, fair workplaces better jobs act, Human Resources PolicyPro, human rights, policies and procedures, protected grounds of discrimination, right to request, The Changing Workplaces Review
November 29, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation
Ontario Bill 148 passed on November 22, 2017, enacting new employment and labour laws for the province. Employers will require assistance on when schedules in Bill 148 are being implemented.
$15 minimum wage, Better Jobs Act, Bill 148 the Fair Workplaces Better Jobs Act 2017, employment law, Fair Workplaces, Ontario Bill 148 passed, policies and procedures
November 1, 2017 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Wages and Compensation
Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.
Absenteeism, accommodation, accommodation on the basis of family status, bereavement leave, employment law, family leave, Human Resources, paid leave, personal emergency leave, policies and procedures
April 5, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations
On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.
An Act to Amend the Human Rights Act, Bill 51, developmental disability, Disability, discrimination, family status, gender identity or expression, harassment, human rights act, human rights legislation, intellectual disability, learning disability, mental disability, New Brunswick's Human Rights Act, policies and procedures, prohibited grounds of discrimination
February 27, 2017 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.
accomdation to the point of undue hardship, accommodate disability, Ben Saad v. 1544982 Ontario Inc., damages, Disability, employment law, Foreign workers, hrto, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, migrant worker, policies and procedures, termination, undue hardhsip
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.
accommdation, Disability, employment relationship, hrto, HRTO damages, human rights, human rights code, Human Rights Tribunal of Ontario, injury to dignity feeling and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, medical documentation, medical notes, policies and procedures, reprisal, Thompson v. 1552754 Ontario Inc, Workplace discrimination, workplace education
June 22, 2016 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment
Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.
2016 HRTO 777, civil suit was pending, deferral of applications, Disability, discrimination in employment, Human Rights code of Ontario, Human Rights Tribunal of Ontario, Human Rights Tribunal Rules of Procedure, interim decisions, Kevin Sambrano, policies and procedures, Rule 14.1, termination, Tribunal’s Rules of Procedure, West v. Yogen Fruz Canada Inc.
June 3, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations
Nobody likes tests. I remember school days when pop quizzes always meant wondering if you remembered everything, or whether what the teacher taught that day you were sick would be on the questions she asked. In today’s workplace, tests are still looked upon as something you wish you could just skip, or avoid altogether. This is especially the case with random drug testing in the workplace.
bargaining unit, drug and alcohol, Drug testing in the workplace, employment law, Labour Law, policies and procedures, privacy rights and interests, random drug and alcohol testing, random testing, risks in the workplace, substance abuse in the workplace, workplace incidents and accidents
May 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated in H.T. v. ES Holdings Inc. o/a Country Herbs.
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April 13, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Privacy and Security, Recruiting and Hiring, Union Relations
You bring the employee into the boardroom, have an awkward 5 minute discussion about restructuring and the elimination of her role, thank her for her years of service, hand her the termination package with the various settlement package details, request that she returns all company property and offer to help her pack her personal items.
Then, she asks about her cell phone. Can she keep the phone? Can she keep the phone number?
BYOD, BYOD policy, cell phone, cellphone, contractual term, employment contract, employment law, Ownership of the digital assets, permit an employee to bring in their own device, policies and procedures, termination of employment, termination package
April 5, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations
Employees occasionally leave behind personal property following termination of employment. Whether it is discovered immediately or long after the employee has departed, many Alberta employers would be surprised to learn that they have certain obligations to that former employee with respect to the treatment of the personal property.
Business, employee’s personal belongings, employment law, personal property, personal property of former employee, policies and procedures, Tangible property, termination of employment, treatment of the personal property, Unclaimed Personal Property and Vested Property Act
March 30, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.
74 of Dodds v. 2008573 Injury to Dignity, compensation, damages, discrimination, discrimination on the grounds of sex, Dismissal, duty to accommodate, Employment Insurance (“E.I.”) maternity benefits, employment law, employment relationship, Faryna v. Chorney, feelings and self-respect, Human Rights code of Ontario, Human Rights Legal Support Centre, human rights remedies, human rights training, In ADGA Group Consults Inc. v. Lane, injury to dignity, injury to feelings and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, Maciel vs. Fashion Coiffures, maternity leave, monetary awards, Ontario Human Rights Commission’s (“OHRC”), Ontario Human Rights Tribunal, policies and procedures, pregnancy, prohibited grounds of discrimination, Remedy for Future Compliance, termination, the Human Rights Code, Wage and Benefits Loss
March 1, 2016 Michele Glassford Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Training and Development, Union Relations
A friend recently mentioned that his workplace was implementing a warm-up/stretching requirement at the beginning of shift. It appeared that the program was being met with some raised eyebrows and even some verbal resistance from employees. The workplace was one of physical labour and so, once you get past the novelty of the idea, common sense suggests this may be a good idea.
aging workforce, Human Resources PolicyPro, Occupational health and safety laws, policies and procedures, Wellness at work, workplace exercise therapist, workplace injury, Workplace Wellness
February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation
Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.
British Columbia Court of Appeal, compensation, damages, discrimination, discrimination on the grounds of sex, employment law, employment relationship, Faryna v. Chorny, Hill v. Intersteam Technologies Inc., Human Rights code of Ontario, injury to dignity, injury to feelings and self-respect, Kelly Hill, Kevin Sambrano human rights paralegal, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, policies and procedures, prohibited grounds of discrimination, sexual harassment, the Human Rights Code, workplace, workplace environment, workplace sexual harassment
January 28, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.
caregiving, Country Style Donut, discrimination, discrimination based on family status, discrimination on the grounds of sex and family status, duty to accommodate, employment law, family status, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human rights paralegal, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, lost income, marital status, monetary awards, Ontario Human Rights Tribunal, paralegal, policies and procedures, policy of progressive discipline, prohibited grounds of discrimination, Sambrano Legal Services, sick leave, termination, the Code, the Human Rights Code
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
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
