vicarious liability
May 15, 2017 Occasional Contributors Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Training and Development, Union Relations
Operating a motor vehicle for work is more than driving a truck, cab or ambulance. Anyone driving from home to a location different from their usual workplace, or travelling for work, is usually “in the course of employment” under workers’ compensation law. Thus distracted driving is very much an employer responsibility and risk.
Distracted driving, electronic device, employment law, vicarious liability, vicarious liability risk, Workplace Death, work–related risk
April 12, 2017 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation
A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.
18th Ontario Employment Law Conference, 2017 Ontario Employment Law Conference, Chieffallo v Ghuman o/a Appleseed Snowblowing Service, employee v. independent contractor, employment and labour law, employment law, HR conference, HRlaw conference, independent and dependent contractors and employees, independent contractor, independent contractors, Learn the latest, Stringer LLP, vicarious liability
February 11, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
Three popular articles this week on HRinfodesk deal with employer vicarious liability for employee misconduct; reasonable notice and the failure to mitigate; and, the legal definition of “immediate family” for the purpose of bereavement leave.
Bardal Factors, bereavement leave, Definition of bereavement leave, duty to mitigate, employee failed to mitigate his damages, employee misconduct, Employer vicariously liable, employment law, human rights code, notice period, reasonable notice, sexual assault and harassment, vicarious liability, wrongful dismissal
July 22, 2014 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security
Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]
Bank of Nova Scotia, class action, common law tort for invasion of privacy, confidential information, Data breach, data fraud, employment law, Evans v. The Bank of Nova Scotia, fraud, intrusion upon seclusion, invasion of privacy, Jones v. Tsige, lack of oversight, personal information, personal information protection, privacy, vicarious liability
October 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development
The Ontario Court of Appeal has recently ruled on the issue of distracted driving caused by “holding” handheld devices in two companion decisions: R. v. Kazemi 2013 ONCA 585 and R. v. Pizzurro, 2013 ONCA 584. In both cases, the Court of Appeal has strictly interpreted the Ontario Highway Traffic Act (“HTA”) to mean that holding a handheld device while driving constitutes a breach of the statute because it results in distracted driving that should be avoided at all costs.
canadian employment law, Cell phones, cellphones, Communicating with customers via handheld devices, Communicating with employees via handheld devices, Distracted driving, Due diligence, employment law, handheld devices, hands free devices, occupational health and safety act, policies and procedures, using a handheld device while driving, vicarious liability
February 12, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
It seems that the majority of respondents to our recent HRinfodesk poll believe that they do need a cellphone policy. Last September we asked you: Does your company have a cellphone policy? 289 (61.75 percent) respondents out of 468 said they do; 163 (34.83 percent) respondents indicated they did not have a cellphone policy; and 16 believed they did not need one. So do you need one or not?
careless driving, cellphone policy, cellphone use, cellphones, collective agreements, complying with the policy, criminal negligence causing death or injury, dangerous driving, Distracted driving, Does your company have a cellphone policy?, employee's personal use, Employer liability, employers can be held liable for employees involved in an accident, employment contracts, employment law, hand-held cellphone, HR, HRinfodesk, in the course of employment, policies and procedures, providing employees with hands-free devices, safe cellphone practices, should cellphones be subsidized?, subsidizing the cost of employees' personal cellphone for work use can be costly, talking on a company cellphone while driving, taxable benefit, use of cellphones while on company business, vicarious liability
December 14, 2012 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources
With the Holiday Season in full gear, employers across the country are planning holiday parties and holiday parties often involve alcohol. This article provides a reminder on Social Host liability whereby employers could become liable for the injuries caused by intoxicated employees to themselves or others during the function or after they have left the function if proper safeguards are not put in place.
employees the right to a safe workplace, employer failed to take any steps to prevent the intoxicated employee from causing the accident and the accident was reasonably foreseeable, employment law, holiday party, holiday season, how much alcohol is provided to each employee, injuries caused by intoxicated employees, intoxicated holiday party employee, monitor alcohol consumption, office holiday party, promote responsible drinking, proper insurance in place before the event, social host liability, vicarious liability
June 29, 2012 David Hyde Employee Relations, Health and Safety, Human Resources, Privacy and Security
The Conservative government is poised to enact the first substantive expansion of citizen’s arrest laws in Canada since 1955. The catalyst for the Bill C-26 amendment to the citizen’s arrest section of the Criminal Code of Canada was the 2010 case of Toronto grocer David Chen who faced criminal assault charges after performing a citizen’s arrest of a habitual thief he had seen stealing from his store earlier in the day.
Bill C-26, citizen's arrest, citizen's arrest by employees, criminal code, criminal offence, David Chen, Employer liability, employment law, non-security employees, Pope v. Route 66 Clothing Inc., private security, R v. Chen et. al., reasonable time, risk management, Section 494, The Citizen’s Arrest and Self-defence Act, training, vicarious liability, video surveillance, violence, workplace hazard, workplace theft or assault, workplace violence
May 24, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources
The National Post recently presented the interesting case in which a New Jersey judge must decide whether someone can be “electronically present” in a car, even if they physically aren’t there, and, if so, whether the person can be held liable for events that take place, or that are caused by their electronic presence.
ban on cellphone use, cellphone use, Distracted driving, the Traffic Safety (Distracted Driving) Amendment Act, vicarious liability
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.
canadian employment law, company-sponsored events, discrimination, employee handbook, employment law, holiday party, lawsuit, liability, policies and procedures, policy manual, Serving alcoholic beverages, social host, vicarious liability, violation of workplace policies
September 7, 2010 Earl Altman Employment/Labour Standards, Human Resources
The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.
bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
August 26, 2010 Adam Gorley Health and Safety, Human Resources, Training and Development
Multi-tasking is so serious that workers are taking their work into the washroom, with disturbing results. According to a recent survey, one-third of Brits admit they’ve made a “stall-call”—that is, a call from the toilet, not just the restroom—whether for business or pleasure. And one in twenty said they’ve taken their laptop with them when nature called. The survey also found a significant—and disgusting—number of people eat, drink and brush their teeth while answering nature’s call.
cellphone use, health and safety, hygiene, illness, illness at work, multi-tasking, productivity, risky behaviour, sickness, stall-call, vicarious liability, work environment, working, working conditions
April 15, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources
The reliance on cellphones has led to an increase in talking on a cellphone while driving. Statistics show that driving while talking or texting on a cellphone is leading to driver distractions that cause car accidents. That’s why, on April 14, 2010, the Alberta government introduced…
2010, Alberta, ban on cellphone use, Bill 16, cellphone use, Employer liability, the Traffic Safety (Distracted Driving) Amendment Act, Traffic Safety Act, vicarious liability
November 12, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Human Rights
However limited an organization’s party budget is, most of them still use the holiday season to show their employees their appreciation for their year-long efforts by holding a holiday party on or off company premises. In the last several years, however, many organizations have looked carefully at how they approach the annual holiday party, for legal and economical reasons.
Challenges in planning the holiday party, company sponsored event, drinking at a holiday party, employment standards, holiday party, HR issues, Human Resources, human right, liability for sexual and other types of harassment, occupational health and safety, planning the holiday party, religious accommodation, Responsibilities of employers during a company hosted party, The do's and don'ts of company-sponsored events, vicarious liability
October 5, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Announcements and Administration
It’s a pleasure to welcome Stuart Rudner as a guest blogger. He will be blogging about human resources, employment and labour law issues.
canadian employment law, employment law, employment standards, health and safety, HR issues, Human Resources, human rights, Labour Law, Miller Thomson LLP, occupational health and safety, ontario, ontario employment standards act, policies and procedures, policy, vicarious liability, workers compensation
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
