Pride parade and the topic of messages
Photo by Andre Robotos I had the opportunity to attend, and indeed the privilege of attending, Toronto’s Pride parade on Sunday July 3. There are people in Canada who feel inhibited from attending and...
View ArticleDefendants’ apologies found not admissible in civil proceedings or pleadings
I am sorry messageThe Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the...
View ArticleConstructive dismissal? A question of interpretation
Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not. In Chapman v. GPM Investment Management, the employee had worked for the...
View ArticleNew Brunswick’s Human Rights Act: Amendments proposed
On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The Bill has been referred to the Standing...
View ArticleThree popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Is an employment agreement not signed before first day of work unenforceable? A recently released decision by the Ontario Court of Appeal...
View ArticleDon’t accept a resignation too quickly
“Like many other aspects of employment law, the laws regarding resignation can be more complicated than one might think. Even when an employee says “I quit” in writing, that is not necessarily the...
View ArticleInterviews: 6 reasons why HR should really rethink them
There is this saying that I grew up hearing from my mother, “speak the truth…cost it what it will, he who hides the wrong he does, does the wrong thing still.” So in an effort to not hide the wrong I...
View ArticleTort of harassment: Employer ordered to pay employee $100,000
On a number of occasions, I have written about the new types of damages that judges are awarding terminated employees. This blog discusses a case where a trial judge awarded an employee $100,000...
View ArticleWorkplace instant messaging: Information overload
We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting...
View ArticleUsing independent contractor not a “get out of jail free” card
A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true...
View ArticleThree popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Budget 2017 proposed changes to maternity and parental leave The Liberal government’s 2017 federal budget proposes changes that affect maternity...
View ArticleGood Friday, Easter and Passover in 2017
Good Friday, observed on April 14 this year, is a statutory holiday recognized across Canada. Depending on the jurisdiction, most employees are entitled to a day off with regular pay or public holiday...
View ArticleWorkplace health and safety law and partisan political arguments
Does partisan political arguments contravene harassment provisions under workplace health and safety law? In March, a discussion was posted with respect to how workplace political expression could go...
View ArticleWrongful dismissal: When does the limitation period clock start running?
A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of...
View ArticleEI benefits: New parent, more time off and more money?
To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act. The Government also proposes to amend the Canada Labour Code to ensure that workers in federally regulated...
View ArticleThree popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Retiring allowance This Canada Revenue Agency interpretation document deals with whether an amount paid to a taxpayer on retirement qualifies as a...
View ArticleUpdate on Express Entry
Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent...
View ArticleThe thin legal line: Resignation vs termination #learnthelatest
“Employers who are not careful to ensure that resignations are voluntary and final could face significant damages awards if the resignation were found ineffective, particularly for long-service...
View ArticlePreparing for interactions with the MOL: Workplace visits
Recently the Ontario Ministry of Labour (MOL) published a report on its activities for the period April 2015 to 2016. I’ll skip the opening comments from the Minister and Deputy Minister to concentrate...
View ArticleGender pay equity: How do you measure up?
The gender pay gap has been much in the news lately as well as on the minds of the CEO and CHROs. It’s an issue that exists at the intersection of state/federal legislation, social values/ethics, and...
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