Author name: jonkersdw

HOLD ON – BEFORE TERMINATING AN EMPLOYEE – A CHECKLIST FOR EMPLOYERS

Terminating an employment relationship should not be decided without planning and consideration of potential obligations. Liability for reasonable notice, or pay in lieu of notice, must be considered.  Before any employer decides to terminate an employee, here is a checklist that will be helpful to review before a decision is made to terminate an employee. […]

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EMPLOYERS – TIPS FOR NAVIGATING EMPLOYEES' PRIVACY

Ensuring privacy in the workplace is increasingly important for employers in Ontario law. Employees are making more complaints. The Courts are focusing more on employee privacy in the workplace. Both the Ontario and the federal Privacy Commissioner seem to be adjudicating more employee complaints. For example, cases are emerging about: a) posting employees photos in

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EMPLOYERS – DID YOU THINK THAT RELEASE FORM WOULD PROTECT YOU FROM PAYING MORE? BE CAREFUL – MAYBE NOT

EMPLOYERS – Make sure you take care in your release form for the dismissed employee to sign. The new case: Hutton v. ARC Business Solutions Inc., 2015 AHRC 7 (Alberta Human Rights Tribunal). The employer paid a severance package in exchange for a release of liability being signed. The release form did not specifically address

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EMPLOYEES – UNAUTHORIZED DEDUCTIONS FROM YOUR PAY IS NOT ALLOWED IN ONTARIO

EMPLOYEES – Your employer may be required by law to make deductions against your pay, such as income tax, employment insurance premiums, Canada Pension Plan contributions, union dues or other amounts authorized by a collective agreement. You can also agree to other deductions, such as health, dental or disability group insurance plans and payroll savings

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EMPLOYERS – AVOID LIABILITY – DO YOU HAVE A HEALTH/SAFETY COMMITTEE?

EMPLOYERS – An active Health and Safety Committee can protect you from liability under Ontario’s Occupational Health and Safety Act: "An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety committee did not identify as posing a high priority safety concern. The charges

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EMPLOYERS – A GOOD WORKPLACE INVESTIGATION IS CRITICAL – DON'T GET CAUGHT

Do you have to appoint an external investigator to investigate a complaint in your workplace? No, not necessarily. Conducting an effective workplace investigation of an employee or other complaint is essential. Courts increasingly scrutinize how employers handle complaints. A good workplace investigation can not only avoid liability for you, but effectively resolve the issue before

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WORKPLACE (SEXUAL) MISCONDUCT – RECORD HIGH $220,000 DAMAGES AWARDED AGAINST EMPLOYER BY HUMAN RIGHTS TRIBUNAL

Providing a discrimination-free workplace is very important. This recent case illustrates the importance of doing so: O.P.T. and M.P.T. v. Presteve Foods Ltd. and Jose Pratas 2015 HRTO 675. The Ontario Human Rights Tribunal held these two sisters, temporary foreign workers, endured unwanted sexual solicitation, advances and discrimination at the workplace. There is a trend emerging

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