Labour & Employment

USING YOUR WORK COMPUTER/DEVICE FOR PERSONAL EMAILS AND TEXTS – ARE THEY PRIVATE FROM MY BOSS?

You use a mobile device paid for your employer. You use your employers desk top computer all day long. You may even use a lap top supplied by your employer. You likely send and receive personal emails on all of these most of us commonly do. You might also even save personal documents or data […]

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I'VE BEEN TERMINATED – I STILL GET MY BONUS THIS YEAR, RIGHT? CAN THEY DO THIS TO ME?

In Ontario, 2015 has introduced new law about bonuses when an employee is terminated, specifically: a)   if the employee is entitled to be paid bonus or incentive payments accrued as of the date of termination; and b)   if the employee is entitled to loss of bonus during the reasonable notice period. Typically, employers insert

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MAKING COMPLAINTS ABOUT SAFETY AND YOUR BASIC RIGHTS IN THE WORKPLACE – THE LAW DOES HELP YOU

In Ontario, employees are given protection for making a complaint about safety issues and conditions in the workplace. For example, the Occupational Health and Safety Act of Ontario contains a reprisal section, effectively meaning that an employee cannot be terminated for making a complaint about a safety issue in the workplace. Similarly, for example, the

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TACKLING WORKPLACE HARASSMENT – THE NEW RULES ARE COMING – EMPLOYERS TAKE NOTE

The rules are changing for workplace violence and harassment. The Ontario government is re-prioritizing these issues, including imposing new duties and obligations on employers in Ontario if a workplace complaint is made concerning harassment or violence. These new changes will augment Bill 168 of the Occupational Health and Safety Act, the existing law in Ontario,

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FAILING TO CONDUCT A GOOD WORKPLACE INVESTIGATION BEFORE TERMINATING – JUST CAUSE NO MORE

The case: Fredricks v. The BTS Network Inc. (HRTO 2015, No. 1597). Basic Facts: The employee was a bus driver, who made a complaint alleging discrimination in the workplace related to harassment by another employee (involving racism). He was terminated no long after. The employee made a complaint to the Human Rights Tribunal, alleging reprisal

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POLICE RECORDS CHECKS – EMPLOYMENT AND VOLUNTEERS – THE LAW IS CHANGING – KEEP UP

The Ontario government enacted the Police Record Checks Reform Act on Dec. 1, 2015. This will change the law about obtaining police records checks. This will apply to, for example, employers who request these on hires and organizations who require police records checks for volunteers. The legislation is not yet in force, but will be

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BY JAN 1 – COMPLY WITH YOUR OBLIGATIONS UNDER THE NEW AODA RULES – THEY WILL BE ENFORCED

Employers – Remember there are upcoming deadlines for the new requirements imposed on your business and workplace under the Ontarians with Disabilities Act ("AODA"). These will apply to you as of Jan. 1, 2016. Your obligations depends on the size of your business (i.e., if you fewer than 50 employees, typically). The AODA and Human

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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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