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Case study: Why you need to periodically review your employment contract
A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in...
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Update on genetic discrimination provisions in human rights legislation
Canada is on its way to including genetic discrimination provisions in its human rights legislation. I recently wrote about Canada being on its way to including provisions in human rights legislation...
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Post-termination bonus entitlement
Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that she09d some light on the issue of how entitlement to a bonus will be treated where...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Canada Labour Code measures coming into force On October 20, 2017, the federal government proclaimed Bill C-44 amendments to the Canada Labour...
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The legalities of criminal, credit and medical checks in HR
This article examines whether the legalities of criminal, credit and medical checks, and what types of limits are associated with them. From time to time, I get questions from employees and companies...
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Remembrance Day may soon be a public holiday in Canada
The request to make Remembrance Day a national public holiday across Canada without removing any existing public holiday continues. On June 21, 2017, Bill C-311, An Act to amend the Holidays Act...
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“Asking for trouble”: BC Human Rights Tribunal considers whether interview...
The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against...
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The official word on unofficial bonus policies
Terminated employees may be entitled to their bonuses post termination if companies lack clear bonus policies. Fulmer V. Nordstrong explains why. On September 25, 2017, the Ontario Superior Court of...
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Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s...
This case serves as a reminder to Ontario employers to carefully draft the termination clause upon which they intend to rely when dismissing without cause. A recent summary judgment motion before the...
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Short service employee gets four months’ pay in lieu of reasonable notice
The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure. The case The employee in Nogueira v. Second Cup was a 47...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Cannabis smoke-free and road safety legislation On November 1, 2017, the Ontario government tabled a Bill which would, if enacted, create the...
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2017 AODA reporting deadline
The next AODA reporting deadline is just around the corner. For organizations with 20 or more employees, an AODA compliance report must be filed. Employers should be aware that the Accessibility for...
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Best practices for quarterly reporting
This article continues the discussion on HR quarterly reporting and how to be prepared and effective in your reporting. Over the past two months we’ve talked about HR Reporting and offered some tips on...
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Ontario Court of Appeal confirms offer of employment is consideration after...
In order for employment contracts to be binding they require consideration – something of value that is transferred from the employer to the employee. Often time’s employers run into legal trouble when...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. More changes to the Canada Labour Code On October 27, 2017, the federal government introduced Bill C-63, Budget Implementation Act, 2017, No. 2,...
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Reinstatement of employment at the Human Rights Tribunal
Reinstatement is the practice of re-installing an employee to his or her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their...
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Bill 148 passes (but not before a few last-minute changes were made)
Bill 148 passes on November 22, 2017, with last minute significant amendments that will affect HR policies and practices. On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the...
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Ten things Canadian employers need to know about statutory holidays
*Updated November 28, 2017 Statutory holidays, also known as public holidays and stat holidays, are days designated by government to mark special occasions or events. In Canada, there are several...
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Employers beware: Punitive damages for improper just cause allegations
Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in...
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Ontario Bill 148 passed: A timeline of implementation
Ontario Bill 148 passed on November 22, 2017, enacting new employment and labour laws for the province. Employers will require assistance on when schedules in Bill 148 are being implemented. The...
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