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Lack of facts doesn’t keep a good judge down
Image: photostock | FreeDigitalPhotos.net In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had...
View ArticleSlaw: Saskatchewan employer successful in enforcing non-compete clause
Written with Christina Catenacci LL.B. The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s...
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Federal undertakings involved in construction projects are not subject to a...
Are the provisions of chapter XI of the Act respecting Occupational Health and Safety (the Act), pertaining to construction sites and principal contractors, constitutionally applicable to federal...
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PHIPA fines in the workplace
This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employee loses appeal regarding entitlement for chronic pain disability In the following matter, the Ontario Workplace Safety and Insurance...
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Must you include bonuses when calculating lost wages?
An employee who has been dismissed without cause is entitled to damages based on the income that individual would have earned during a period of reasonable notice. “Reasonable notice” will differ from...
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What you don’t know can hurt you: A new wave of WSIB claims for chronic...
On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic...
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Court comments on when employers can ask for an independent medical examination
Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (“IME”) in certain circumstances, to facilitate the...
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Dishonesty in hiring process constitutes cause for dismissal
A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. The defendant...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employer wrongly relied on probation clause to retract offer of employment The Supreme Court of British Columbia recently found that an employer...
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Ontario Court of Appeal enforces simple probation clause
Employers generally owe their employees common law reasonable notice upon termination without cause. However, if the parties agree to a probation period in an employment contract, the right to common...
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Summarizing WSIB’s proposed Rate Framework, part 3
This week, Clear Path Employer Services provides us with the final part of their 3-part series, Summarizing WSIB’s proposed Rate Framework. Part three – Employer level premium rate adjustments This...
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PeopleInsight’s top 5 blogs (so far) on workforce analytics
PeopleInsight’s top 5 blog posts on workforce analytics cover the newest HR tech, workforce analytics in the realm of talent acquisition, and DIY analytics. There’s only a few short weeks left of...
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A primer on undue hardship and frustration of contract
This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code. Quick facts The Plaintiff Darren Nason developed problems with his arms and...
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Sloan v. Just Energy Corporation: Pregnancy and fairness under the Code
The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant...
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WHMIS 2015 inspections starting October 1, 2017 – Are you ready?
From October 1, 2017 to December 31, 2017, federal Hazardous Products Act Officers from several provincial or territorial occupational health and safety branches will be conducting WHMIS 2015...
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The challenge of organizational culture
Culture has become a very contentious political issue in the past few weeks. However, discussions about culture have a very long history and always evoke very strong responses. This is because culture,...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Tribunal addresses disabled employee resignations In addition to affirming that an employee’s resignation must be clear and unequivocal to be...
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Update on probationary clauses from Ontario Court of Appeal
This blog post by the newly formed employment law firm Rudner Law, provides an update on probationary clauses from the Ontario Court of Appeal. Last April we wrote about the decision of the Divisional...
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Labour Day is a global and national annual holiday
Labour Day is an annual holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. For other...
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