Author name: jonkersdw

MAJOR CHANGES COMING FOR WORKPLACE VIOLENCE AND (SEXUAL) HARASSMENT – YOU NEED TO BE READY

New changes will be coming online in Ontario about sexual harassment and violence in workplaces. They are not yet in effect, but are expected to be the law in mid-2016. Bill 132 –  the Sexual Violence and Harassment Action Plan (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. This new law is based on

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HOLIDAY PARTY TIME! SOME TIPS TO EMPLOYERS THIS YEAR

It’s that time again – holiday party!!!!!!! With the fun comes the responsibility (and potential liability to employers). Benjamin T. Aberant and Shana Wolch, lawyers at McCarthy Tetrault LLP offer this very helpful blog about tips for office holiday parties (Lexology, Nov. 6, 2015): "The holiday season is a jolly-busy time to be an employment

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WORKPLACE DRESS CODES – DO I REALLY HAVE TO WEAR THAT? WHAT AM I ALLOWED TO WEAR?

Effectively, there needs to be a reasonable and proved link between the dress code and the workplace. For example, a bar/restaurant may find it difficult to justify requiring female servers to wear short, sleeveless dresses and boots or heels, especially if their counterpart male servers wear something more conservative. Certainly the Bier Markt in Toronto

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EMPLOYERS – KNOW YOUR NEW ACCOMMODATION RULES FOR EMPLOYEES – EFFECTIVE JAN. 1, 2016 – THE AODA, 2005

More important changes will affect employers and employees in Ontario as of Jan. 1, 2016 as part of the AODA phase-in. Requirement: Accessibility for Ontarians with Disabilities Act, 2005 Date of Requirement Below: Jan. 1, 2016 The AODA contains an Employment Standards section. Employers must establish new internal practices regarding the recruitment, accommodation and advancement

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EMPLOYEE PROTECTION FOR MAKING LEGITIMATE COMPLAINTS ABOUT WORKPLACE SAFETY

The Case: Le Safecross First Aid Limited, a recent decision of the Ontario Labour Relations Board The Issue: The employee made a complaint to his company about safety conditions in the workplace. He complained the conditions caused him to suffer ongoing knee pain and discomfort.  Shortly after, he was terminated by the company. The company

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SURE, YOU'VE LET ME GO FROM MY JOB, BUT YOU'D BETTER PAY ME MY BONUS THIS YEAR – RIGHT?

An employment bonus, or sometimes referred to as incentive payment, are voluntary and non-contractual payments if they are truly discretionary. Bonuses, if they are to be paid, should be, but sometimes are not, specifically addressed in the employment contract. Many employers simply include a clause declaring that any bonus paid is purely "discretionary". These clauses

SURE, YOU'VE LET ME GO FROM MY JOB, BUT YOU'D BETTER PAY ME MY BONUS THIS YEAR – RIGHT? Read More »

EMPLOYERS AND LANDLORDS – PAY ATTENTION TO BILL 132 – SEXUAL VIOLENCE AND HARASSMENT – YOUR NEW OBLIGATIONS

Bill 132: the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. This new, proposed Ontario law is part of the Ontario governments three-year action plan: Its Never Okay: An Action Plan to Stop Sexual Violence and Harassment released in March of this year. Employers, educational institutions and

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HAVE I BEEN CONSTRUCTIVELY DISMISSED? HOW DO I KNOW? AND WHAT DO I DO?

What is constructive dismissal? The law in Ontario has been changing over the past year or so. Generally, it may occur when an employer unilaterally makes a fundamental change to an employees terms of employment. This may be, for example, a pay reduction, a significant change to the employees duties or position, or even a

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EMPLOYERS – OVERPAYMENTS TO EMPLOYEES SHOULD NOT BE DEDUCTED FROM PAY WITHOUT CONSENT

Even a mistaken over payment by an employer – it should be unilaterally deducted by the employer against future pay owed to the employee or against any other amount due and payable. Most employers assume they can simply deduct it from wages payable, for example. No so. While the Employment Standards Act of Ontario, on

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