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Sick days or personal days?
Over the years, I have witnessed many of my firm’s clients struggle to manage absenteeism while respecting the privacy of their employees as well as any illnesses or disabilities that they may face....
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Doctor’s notes: When should an employer ask for one?
Q: When can an employer ask for a doctor’s note? An employer can ask for a medical note in two circumstances. One is when an employee says she was absent from work because of illness. The other is when...
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OHRT rules the “flu” is not a “disability” attracting the protection of the...
As an employment law practitioner, it is refreshing to see any court and/or administrative tribunal release a decision that makes “common sense” (as well as legal sense). Recently, the Ontario Human...
View ArticleUse caution when managing your sick leave policy
When Saskatchewan’s Cypress Health Region updated its sick-leave procedures, it thought it would be making it easier and safer for employees to return to work after an illness. In practice, things...
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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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