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Dealing with a disability leave
Send to KindleWhat can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the...
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Undue hardship – myth or reality? Learn the latest!
Send to KindleEvery employer has experience accommodating employees due to their religion, family needs, and disability. Accommodation is a necessary practice to manage a workplace today, and it’s the...
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Myths and misunderstandings regarding employees on leave
Send to KindleImage: http://www.tillhecomes.org/As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations. First, there seems to be...
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New human rights decision provides guidance on frustration of contract
Send to KindleWe are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”....
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Employee whose contract is frustrated by terminal cancer entitled to...
It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 (the “Act”) that an employee whose contract is frustrated on account of illness or injury is...
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Frustration of contract
The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at...
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President Trump’s new travel ban: What you need to know
On March 6, 2017, President Trump signed a new executive order (the “New Order”), implementing a new travel ban. However, unlike the original travel ban (which became effective immediately), the New...
View ArticleEmployee’s age justifies wrongful dismissal damages of 24 months
Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Do you need to complete a T2200 for employees? A T2200, Declaration of Conditions of Employment, is a Canada Revenue Agency form that an employer...
View ArticleContract enforceability: Signing the employment contract prior to the start date
When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if...
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Business and booze: Dealing with alcohol in the workplace
“The relationship between employee alcohol use and work is complex. In Ontario, there are specific legal obligations which apply, and employers must exercise caution. Without a proper understanding of...
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Fast food firing leads to aggravated damages
A recent BC Supreme Court decision finding a fast food employee was wrongfully dismissed and entitled to aggravated damages has been making newspaper headlines across the country. In Ram v. Michael...
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Probationary clauses: A double-edged sword for employers
“The Supreme Court of British Columbia recently reiterated that while probationary clauses can be useful to employers, they also impose obligations on employers to which they would otherwise not be...
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Family status: The employee’s obligation under “the Code”
The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code (“the Code”) is a joint obligation, involving both the employee and...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employee dismissed for not submitting doctor’s note in timely fashion The Ontario Superior Court of Justice found that a 14–year employee’s...
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Federal Budget 2017-18
Photo: Government of Canada website On March 22, 2017, Canada’s Finance Minister Bill Morneau tabled the Liberal Government’s Federal Budget 2017, Building a Strong Middle Class, which includes various...
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Home renos and employment agreements: How employers can avoid the money pit
“With home repairs, there is risk in DIY. Similarly, employment agreements require the input of an expert. If you’re not an employment lawyer, don’t try this (i.e. drafting or revising an employment...
View ArticleAre employees of a marijuana dispensary protected by employment standards?
With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime,...
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Workforce analytics pureplay: Are you a fit?
Last week we hosted an online event called “Are you a fit for a workforce analytics pureplay?” In it, we explored the Workforce Analytics PurePlay and provided 7 questions to ask yourself to see if...
View ArticleWCB to employers: You need policies before Canada legalizes marijuana
On March 21, 2017, at a breakout session during a convention on the topic of Canada legalizing marijuana, a spokesperson for the Saskatchewan Workers' Compensation Board says employers should have...
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