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Constructive dismissal part 2: everything has its limits
In my December post, I discussed a case from Nova Scotia dealing with constructive dismissal. I concluded that constructive dismissal, while still a source of concern for employers, was likely less of...
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Failure to continue disability coverage during the notice period
In my review of the decision of the late Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens, I reminded employers of the danger of failing to continue disability...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. One-quarter of employers compliant with ESA after latest repeat violators from 2016 blitz After conducting inspections of 104 Ontario employers...
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Employer unsuccessful in voiding unfavourable termination clause
A recent decision from the Ontario Court of Appeal, Roberts v. Zoomermedia Limited, dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was...
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Will distracted driving kill your employees?
“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...
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The end of accommodation? Frustration of the employment contract as a last...
One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act (“AODA”) and the Human Rights Code (the “Code”) is to promote accessibility and accommodation in various...
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Is it work-related? Novel workers’ compensation decisions deal with...
It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employment law changes coming: $15 minimum wage and more The Ontario Ministry of Labour is currently reviewing recommendations under Ontario’s...
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Ontario considers big changes to Employment Standards Act and Labour...
For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act. The CBC reported on May 12,...
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Victoria Day, public (statutory) holiday in Canada
In Canada, Monday, May 22, 2017 is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince...
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Health record snooping nets hefty fine
In a recent case out of Goderich, Ontario a $20,000 fine, the highest of its kind in Canada, was handed out for a health privacy violation. Between September 9, 2014 and March 5, 2015, a Masters of...
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The “G” word: Brooks v. Total Credit Recovery Limited
Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace. Background On September 7, 2010, the...
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Changing Workplaces Review final report: Sweeping changes to Ontario...
Ontario Ministry of LabourOn May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173...
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Update on Express Entry
Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent...
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Medical marijuana: A high cost to employers? #learnthelatest
A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs. As Canada moves toward...
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People analytics at work: Achieving objectives and realizing outcomes
In this week’s blog, we’re taking a look at the first and most critical step in kickstarting your analytics journey to bring value to your business—identifying and prioritizing your business...
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While there may be damages for employee’s lack of resignation notice, there...
A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer...
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Important corporate immigration updates
This update includes: Cut-off age for dependent children raised Traveling visa-free to Canada for eligible Bulgarians, Romanians, Brazilians Conditional permanent residence for spouses and partners...
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Important decision regarding mitigation of damages following termination
The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law of mitigation. The duty to mitigate is an employment law principle that requires...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Sweeping changes to employment coming: Changing Workplaces Review final report released On May 23, 2017, the Government of Ontario released the...
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