No perfect attendance bonus to employee on workers’ compensation leave of absence
Managing absenteeism and dealing with the associated costs are among the most difficult things employers face. Accordingly, many employers try to incentivize employees to improve their attendance by providing bonuses based on meeting attendance thresholds. Seems simple enough. However, what if an employee is off work on a disability leave? That employee is off work through no fault of his/her own yet otherwise had perfect attendance. Should such an employee be able to claim the attendance bonus?
McCarthy Tétrault LLP
3 minutes read
May 5, 2014
Good Friday, a public (statutory) holiday, Passover and Easter
On Friday April 18, 2014, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay.
Ted Kenney
Can you force an employee to provide proof of their religion or their religious beliefs?
Can you force an employee to provide proof of their religion or their religious beliefs? The issue of one’s religion or religious beliefs will only be relevant in the employment context when there is a request for accommodation. Typically…
Rudner Law, Employment / HR Law & Mediation
What is the impact of mental health issues on the duty to mitigate
It has often been said that termination from employment is the capital punishment of employment law. While perhaps too extreme an analogy, there is no doubt that termination is an emotionally draining experience. The courts have grappled with the issue of plaintiffs in a wrongful dismissal claim who argue that the emotional upheaval of their dismissal resulted in an inability to look for replacement work for a period of time.
Earl Altman
Working or not working on family day? A public holiday in most jurisdictions
Alberta, Ontario, Saskatchewan, Manitoba, Prince Edward Island, British Columbia and now Nova Scotia are the Canadian jurisdiction that recognize Family Day as a public (statutory) holiday and allow workers that qualify time off with pay on that day. This year except in British Columbia and Nova Scotia, family day for these provinces fall on February 17, 2014.
Ted Kenney
Top benefits trends for Canadian employers to track in 2014
Rising costs, court challenges and legislative changes are three trends employers should track to manage employee health care benefits in the coming year. These three areas will continue to drive employee health care policies for employers. Awareness and planning in these areas will help employers to contain costs and avoid discrimination charges regarding provision of benefits.
Marcia Scheffler
Ontario Court of Appeal rules on distracted driving and handheld devices
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.
Simon Heath, BA, MIR, LLB, Heath Law
Delayed termination of employee sometimes weaken position for just cause dismissal
“We cannot continue to tolerate John’s misconduct, and we have decided to dismiss him for cause… once we get through the trade show next month.” Famous last words? Well, they will certainly weaken the position that just cause for dismissal existed in the circumstances. If an employer truly believes that they have just cause for dismissal, the employee should not be permitted to continue working, as that is entirely inconsistent with the notion that the employer could not continue to keep the employee on.
Rudner Law, Employment / HR Law & Mediation
Return to work and the duty to accommodate in non-WSIB cases
So your employee is off work again for the third time this year, you have no idea when they are coming back and their physician’s note is a vague cipher. It is not a work injury, so you know you don’t have to worry about WSIB, but it is a staffing issue for your organization and a serious concern. What should you do?
Marcia Scheffler