First Reference Inc

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Protecting employees from social media harassment

    It is well–known that employees have certain legal obligations to their employer with respect to the content of their social media profiles. An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees. The post Protecting employees from social media harassment appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Additional employer obligations? Domestic and sexual violence

    As of the writing of this blog, Bill 26 has passed second reading and is before the Standing Committee on the Legislative Assembly for consultation and, so it remains to be seen if the above changes will come into force. That said, with the recent legislative attention on protecting employees with respect to sexual harassment and violence, it is likely that employers may soon need to revisit their...

  • Constructive dismissal and employer prestige

    In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions. The post Constructive dismissal and employer prestige appeared first on First Reference Talks.

  • Le congédiement déguisé et employeur prestige

    En 2016, la Cour d’appel du Québec a conclu que, dans le contexte de l’aliénation d’une entreprise, le fait pour un employé de passer à un employeur moins prestigieux ne peut, en soi, constituer un congédiement déguisé. The post Le congédiement déguisé et employeur prestige appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Why is domestic violence more often becoming a workplace responsibility?

    It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread. The post Why is domestic violence more often becoming a workplace responsibility? appeared first on First Reference Talks.

  • The AODA Employment Standards: Are you meeting the new requirements?

    We know that the AODA employment standards requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, e...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Retaining talent in flat organizations

    As always, economic, business and organizational trends pose challenges for the tidy and harmonious world that HR practitioners want to create. One of the trends posing a challenge is the new rise of very flat organizations. The rise in flat organizations is being driven primarily by cost-cutting initiatives that require the elimination of expensive layers of management. The post Retaining talent ...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Three popular articles this week on HRinfodesk

    The three popular articles this week on HRinfodesk deal with: A case that addresses the validity of a termination of employment provision; Consumer Price Index (December 2016); and the release of revised noise guideline "A Guide to the Noise Regulation (O. Reg. 381/15) under the Occupational Health and Safety Act". The post Three popular articles this week on HRinfodesk appeared first on First Ref...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Res judicata revisited at HRTO and OLRB

    The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar. The post Res judicata revisited at HRTO and OLRB appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • When a resignation isn’t really a resignation

    How do you know when an employee has quit their job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value. The post When a resignation isn’t really a resignation appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Consider your audience: HR analytics

    As we discussed in last month’s post, one key aspect to successfully using analytics to drive decision making is being able to tell the story—apply important context to the results to understand what they mean. Another key consideration is your audience. Your audience should determine what analytics to focus on and how you visualize the results. The post Consider your audience: HR analytics appea...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Termination provisions in employment contracts

    As an employee, by law, you are entitled to reasonable notice of termination of your employment. Employers however, often attempt to limit your legal entitlements by explicitly defining your rights upon termination in the employment contract. In the recent case of Singh v Qualified Metal Fabricators Ltd. an Ontario Court adopted an employee–friendly interpretation of these termination provisions, ...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Three popular articles this week on HRinfodesk

    The three popular articles this week on HRinfodesk deal with: Meal and vehicle rates used to calculate travel expenses for 2016; important changes to form RC59 coming; and case about employee who was awarded punitive damages in dismissal claim. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Probationary periods in Canada: Are they legal?

    Probationary periods in employment… for something seeming so simple, they still cause a lot of confusion, and employees and employers alike are frequently mistaken about the legality of probationary periods and how they apply to the non-unionized worker. Employees who are terminated during probationary periods often accept their lot without ever receiving legal advice, while employers often termin...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Dealing with workplace bullying

    In an era that focuses on collaboration and open workspaces, workplace bullying has increasingly be on the rise. When trying to understand bullying that takes place at work, it is important first to be able to define workplace bullying. It is defined by OSACH (Ontario Safety Association for Community & Healthcare) as repeated, persistent, continuous behavior as opposed to a single negative act. Al...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Email etiquette: What Ontario can learn from France

    The capacity to send and receive email on smart phone devices and laptops has fundamentally altered the working lives of many. The notion of the ‘9 to 5’ job has, in many industries, become a thing of the past. Our use of email has profoundly altered how and when we work: it has blurred the distinction between work and home lives; it has altered our view of what is appropriate communication and ou...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Browsing history deleted to prevent embarrassment

    In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation. Spoliation is an evidentiary rule that gives rise to a rebuttable presumption that destroy...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Introducing our newest guest bloggers: Jean-Pierre A. Laporte, Sara Forte and Jeff Dutton

    We are very pleased to announce that Jean-Pierre A. Laporte, Sara Forte and Jeff Dutton will be blogging regularly on First Reference Talks! The post Introducing our newest guest bloggers: Jean-Pierre A. Laporte, Sara Forte and Jeff Dutton appeared first on First Reference Talks.

  • Three popular articles this week on HRinfodesk

    The three popular articles this week on HRinfodesk deal with: 2017 automobile deduction limits and per kilometre rates; Cannabis legalization; and entitlement to loss of earnings benefits. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • 2017 workplace resolutions and fresh starts

    January is a month of resolutions, fresh starts, and goals. It’s also a good time to run away from 2016 and the upsets and surprises the year rolled out. Here are 3 lessons that 2016 taught us as we all dig in to a new year in the workplace. The post 2017 workplace resolutions and fresh starts appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Family status accommodation: How to respond to requests

    Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work ...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Principle of accountability under PIPEDA

    Under Personal Information Protection and Electronic Documents Act (PIPEDA), there is nothing that prevents organizations from outsourcing the processing of data inside or outside of Canada—however, organizations must take all reasonable steps to protect that information from unauthorized uses and disclosures when it is in the hands of third party processors. This is where accountability, the firs...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • A classic lesson regarding termination meetings

    A recent case out of British Columbia provides a timely reminder of a best practice for Alberta employers when it comes to termination of an employee. In Saliken v Alpine Aerotech Limited Partnership, 2016 BCSC 832, a relatively short service employee was dismissed, allegedly for just cause. The post A classic lesson regarding termination meetings appeared first on First Reference Talks.

  • Employee did not have right to delay work refusal investigation

    The Ontario Labour Relations Board recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer's investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace. ...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Sale of business pension transfer rules

    Ontario has had new sale of business pension transfer rules (the Transfer Rules) since January 1, 2014. The Transfer Rules are found in section 80 of the Pension Benefits Act and the Asset Transfers under Sections 80 and 81 of the Act regulation. However, as with any regime which depends on a set of rules rather than the exercise of discretion, the Transfer Rules’ lack of flexibility may frustrate...

First Reference Inc

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • HR law and payroll 2017, what is in store?

    At the beginning of a new year, it's good to wonder what is in store in 2017 for HR law and payroll? Let's discuss and provide practical steps HR and payroll can take to prepare for these trends and changes. The post HR law and payroll 2017, what is in store? appeared first on First Reference Talks.

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Top 10 most read First Reference Talks posts 2016 & Season’s Greetings

    We are signing off with a list of the top 10 most read First Reference Talks posts 2016. Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read First Reference Talks posts […] The post Top 10 most read First Reference Talks posts 2016 & Season’s Greetings appeared first on First R...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Three popular articles this week on HRinfodesk

    The three popular articles this week on HRinfodesk deal with: a case where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work; an FAQ that addresses employee privacy; and changes to the express entry program which came into force on November 10, 2016. The post Three popular articles this week on HRinfodesk appeared first on First Ref...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Communicating bonus preconditions to employees

    In the last few months, there has been an influx of commentary on the enforceability of contractual provisions purporting to limit an employee’s bonus entitlements upon termination. Following the Ontario Court of Appeal’s seminal decisions in Paquette v. TeraGo Networks Inc. and Lin v. Ontario Teachers’ Pension Plan, much of this commentary has focused on the language needed to oust an employee’s ...

  • Public holiday reminders for the 2016-17 holiday season

    The holidays can either be considered the most relaxing time of year or the most stressful. It is a time where families and friends gather, gifts are exchanged, and countless desserts are indulged. However, leading to that point of unwinding can be stressful for many, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, employers should not...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Power your people analytics with storytelling

    In our last post, we explored the value of visualizations in bringing workforce data to life and simplifying understanding. So what comes next once we have robust people data, deeper understanding, and great visualizations? It’s time to start using HR Analytics to share insight and drive decision making with executives and lines of business. What’s the best way to do this? It’s through storytellin...

  • Discrimination and a decision on remedies

    In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of s...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Is recruiting causing unemployment?

    Recruiting has always been an element of HR that attracts a high level of interest, primarily because it is such a controversial aspect of HR. As a newly converted capitalist I think markets correct themselves unless there is an inherent flaw in the manner in which an element of the market is operating or some element of the market is being unduly interfered with or manipulated. I think the same a...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Temporary Resident Visa requirements lifted: Mexican citizens

    As I previously reported, on June 28, 2016, Prime Minister Justin Trudeau formally announced that the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada would be eliminated as of December 1, 2016. Mexican citizens may now enter Canada without first obtaining a TRV from a Canadian embassy or consulate. The post Temporary Resident Visa requirements lifted: Mexican ...

  • Managing toxic employees in the workplace

    A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including eit...

First Reference Inc

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Employees must give reasonable notice before quitting

    While we often help employees who did not receive reasonable notice of termination from their employer, it is often forgotten that employees also owe a similar duty to provide notice to the employer before resigning. This common law duty was the subject of the recent case of Consbec Inc. v Walker. In this case, the BC Court of Appeal reaffirmed the existence of the duty owed by employees to the em...

  • Three popular articles this week on HRinfodesk

    The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

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