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
4 minutes read
October 16, 2013
Can an employee request access to their personnel and payroll files?
In Canada, employees have the right to access information in their personnel and payroll files, provided that it does not interfere with another employee’s privacy rights.
Jeffrey Sherman, MBA, FCPA, FCA
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
HRinfodesk poll result and commentary: Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)?
Four hundred and sixty-two people responded to our recent poll, Can you hold employees financially responsible for damaged workplace equipment (e.g., cellphone, laptop)? Of the respondents, 167 (36.15 percent) indicated yes. However, 148 (32.03 percent) disagreed and 147 (31.82 percent) were not sure. So, what is the right answer?
Ted Kenney
New development in Christian Horizons discrimination case
When a support worker at an evangelical Christian organization that runs homes for persons with developmental disabilities entered a same-sex relationship, the organization found the worker had breached its “Lifestyle and Morality Statement,” which prohibited homosexual relationships. The organization, Christian Horizons, eventually terminated the employee on that ground, and the worker complained of discrimination to the Ontario Human Rights Tribunal.
Adam Gorley
Monitoring controls: The top ten tax controls
At year end, external auditors heading into the tax department do not generally rely on internal controls to reduce testing; a great deal of effort is focused on substantively testing the income tax balances on the financial statements. Tax processes are notoriously manual in nature with numerous adjustments required to manipulate general ledger information into useable tax information. We have compiled a list of the top ten tax controls every company should have in place with the emphasis (as expected) on monitoring controls.
Occasional Contributors
Can employers in Canada refuse to hire smokers?
Recently, an Ottawa-based tech company called Momentous Corp. has attracted national attention because it implemented a blanket policy against hiring smokers and advertises that it will hire non-smokers only. In order to reduce its health costs, Momentous prohibits the hiring of or allowing any smoking on its property during working hours…
Simon Heath, BA, MIR, LLB, Heath Law
Understanding the rights of pregnant employees in Ontario
Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.
Earl Altman
