Insights and updates on human resources, employment law, payroll, internal controls and compliance strategies.
Nearly one year ago, the Ontario government enacted Bill 168, which added workplace violence and harassment provisions to the Occupational Health and Safety Act. Many employers were ready, but many are still scrambling to comply, which, among other things, includes developing written policies to address both violence and harassment at work and to review those policies at least once a year.
Ted Kenney
On May 11, 2011, Manitoba proposed Canada’s first adult abuse registry as well as tough new offences and penalties to better protect adults with intellectual disabilities. The registry would make the names of those who abuse or neglect vulnerable adults under any Act available to employers for screening potential employees or volunteers. Similar registries already exist in the United States.
Ted Kenney
We’ve written plenty on First Reference Talks about the significant effects—both negative and positive—that online social networking can have on workplaces. Whether its Facebook, Twitter, LinkedIn, YouTube, news or entertainment blogs or what-have-you, employees are using social media, and increasingly they’re doing it on your time. Employers should be aware of the potential value they can derive from social media, as well as the potential risks.
Adam Gorley
As we all know, in the late 1990’s the Supreme Court of Canada held that employers had a duty to act in good faith in the course of terminating the employment relationship. In Wallace v. United Grain Growers, our High Court found that the employer had breached that duty, and the majority held that the remedy for such a breach would be to extend the applicable notice period. Over the following decade, claims for “Wallace damages” became commonplace, to say the least. Unfortunately, many courts seemed more than willing to oblige plaintiffs, finding bad faith in all sorts of circumstances that, while not demonstrative of perfect practice in the course of dismissal, hardly seemed to indicate conduct taken in bad faith.
Rudner Law, Employment / HR Law & Mediation
There have been some advance polls, but May 2, 2011, is the official day when Canadians (hopefully more than predicted) will be voting in the federal election. Do you know what duties you have as an employer?
Christina Catenacci, BA, LLB, LLM, PhD
One software industry analyst has been watching the human resources management system market for some time and has discerned some trends. With the economy recovering from recession, organizations are focusing on core HR concerns, such as strategic hiring and productivity. As a result, they’ll invest in technologies that help in these areas, particularly if they “offer an immediate return on investment or meet some compelling management or regulatory need”.
Adam Gorley
What does an employee do if she has been constructively dismissed but has not been told to leave her employ? Is she still entitled to continue to work for the employer and look for alternative employment? Is she obligated to do so?
Earl Altman
I recently told you about the high school office assistant who was suspended with pay for making porn movies on the side—well, the school board has decided to terminate her employment.
Christina Catenacci, BA, LLB, LLM, PhD
The gap between men and women is still very significant when it comes to employees in the top ranks of the financial sector. That is, there are still very few women in senior executive roles in Canada’s financial institutions. Worse yet, there are currently no women in line for a CEO position at a big bank.
Christina Catenacci, BA, LLB, LLM, PhD