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Clock on limitation period for wrongful dismissal claim starts on day of...
A recent decision of the Ontario Superior Court of Justice confirms that the limitation period in respect of a wrongful dismissal claim commences on the day that the employee is provided notice of the...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Province reveals plan to regulate cannabis (marijuana) On September 8, 2017, the Ontario government revealed its plans to regulate and manage the...
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Is working notice appropriate while an employee is medically incapable of...
This post discusses whether employees are entitled to damages if they are incapable of working during the working notice period. In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once...
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Pregnant temporary worker files human rights complaint after termination
This article deals with the case of a human rights complaint filed by a pregnant temporary worker following her termination. Many employers in Canada use temporary workers supplied by employment...
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Ontario Bill 148: Are you really prepared?
On August 23, 2017, the Ontario Liberal Government met for the 1st reading of Ontario Bill 148 Fair Workplaces, Better Jobs Act. There has been much concern in the public eye regarding the highlight of...
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Is your HR reporting effective? Maybe it’s time to re-think your approach
This article outlines the elements to consider in effective HR reporting, such as key business concerns, addressing areas of business risk and determining the audience for the report. Of all the...
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What happens if an employer fails to provide a timely Record of Employment...
Practically, delaying the delivery of a Record of Employment (“ROE”) causes an employee an avoidable waiting period in receiving employment insurance benefits (“EI”). If the employee is eligible for...
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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa
In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employment Insurance rate change for 2018 The recently released Employment Insurance Actuarial Report confirms the 2018 EI rate and maximum...
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The basics of the WSIB’s NEER system
Understanding the basics about the WSIB’s NEER financial system is a challenge for many employers. With limited time available to prepare for the upcoming implementation of the new Rate Framework,...
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Keeping abreast of discriminatory dress codes
Ironically, on the day after Hugh Hefner dies, I am writing about breasts – specifically, women’s breasts. And even though Hefner’s empire made gazillions of dollars exposing women’s breasts to the...
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SCC upholds dismissal of employee for failing to disclose cocaine use in...
The no free accident rule is designed to encourage safety by encouraging employees with substance abuse problems to come forward and obtain treatment before their problems compromise safety. In Stewart...
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Proposed privacy breach of security safeguards under PIPEDA
On September 2, 2017, the proposed regulations under the Personal Information Protection and Electronic Documents Act (PIPEDA) were published in Part I of the Canada Gazette and interested stakeholders...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. The Remembrance Day Bill close to being enacted On June 21, 2017, Bill C-311, An Act to amend the Holidays Act (Remembrance Day), passed third...
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The fork in the road: after-acquired cause for dismissal
In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from...
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Thanksgiving Day in Canada: Monday, October 9
In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 9. Statutory (public) holiday Thanksgiving Day is a public (statutory)...
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Compliment or sexual harassment: Where do you draw the line?
Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in Ontario’s workplaces. One...
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Tips for recruiting online
This article details the specific areas that must be considered when recruiting online. It is important to remember that the law still very much applies. Gone are the days of posting job ads in the...
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Adding new prohibited grounds in Ontario Human Rights Code
Private member’s Bill 164, Human Rights Code Amendment Act, 2017, introduced on October 4, 2017 in the Ontario Legislature would amend the Ontario Human Rights Code (Code) to include four new...
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Bad faith dismissals: is medical evidence required to prove damages?
The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time. Welcome guidance was provided by the...
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