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An employer’s duty to inquire into mental illness
In any given year, 1 in 5 Canadians experience a mental health or addiction problem. Although mental illness is often invisible, we should not underestimate its prevalence in Canadian society. Despite...
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Dependent contractor receives 12 months pay in lieu of notice
The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the...
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Notice to TIFF attendees: Watch out for Canada’s immigration laws
This article outlines the Canadian immigration laws that TIFF attendees and others travelling to Canada should be aware of. As in previous years, the Toronto International Film Festival (“TIFF”) is...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Working notice not appropriate when employee on medical leave A recent decision of the Ontario Superior Court confirms that working notice does...
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This article details the outcome of the case of a woman who suffered repeated workplace harassment and discrimination and her employer's failure to accommodate her reasonable requests for accommodation...
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Pink jobs vs. blue jobs: Sexism in the skilled trades
In August 2017, the federal government launched a $73 million work-placement program for students through paid co-op opportunities in industries such as science, engineering and skilled trades. This is...
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Entitlement to bereavement leave in Ontario
How much paid bereavement leave is an hourly employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to personal emergency leave? If...
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Le délai de prescription d’une action pour congédiement injustifié court à...
Dans une récente décision, la Cour supérieure de justice de l’Ontario confirme que le délai de prescription d’une action pour congédiement injustifié court à compter du jour où l’employé reçoit le...
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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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