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TERMINATION PAYMENTS
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How much of a lump sum termination payment is to settle a discrimination claim and how much of it is a retiring allowance to settle the loss of employment itself?
UNFAIR DISMISSAL
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To what extent must employers keep an employee's job available until he or she is well enough to return to work
MORAL PRINCIPLES
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Is immoral sexual behavior by employees in the privacy of their own bedroom just cause for termination?
ASK THE EXPERT
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Jian Ghomeshi in his battle to win $50 million lawsuit against the CBC
Latest HR Headlines
Eat drink be merry
LIABILITY

Understanding and Avoiding Alcohol Liability

There had been recent reports of two pilots charged with been drunk on the cockpit which created some controversial headline news. Coping with drinking problems on the job is not a new challenge. These problems have provided an impetus for developing employee assistance programs and have …

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whistleblow
WHISTLEBLOWING

Do Not Attempt To Interfere With Potential Whistleblowing, SEC Warns

Earlier in 2014, Sean McKessy, Chief of the Office of the Whistleblower of the United States Securities and Exchange Commission (the “SEC” or “Commission”), warned lawyers against using private contracts such as employment agreements to discourage potential whistleblowers from reporting alleged corporate misconduct to the …

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prevent_workplace_violence
MODEL POLICY

Understanding HR Policies: Workplace Violence

Two fatal attacks on Canadian soldiers over a two-day period last month have put Canada, and much of the world on edge

Although these two incidents are uncommon, they are not unprecedented cases of extreme workplace violence in Canada.
The OHS Laws require employers to protect workers …

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child care
EMPLOYEE RIGHTS

When Childcare Interferes With Work: When Is An Employer’s Duty To Accommodate Triggered?

Most employers are aware that human rights legislation prohibits discrimination in employment on the basis of such things as age, race, religion, physical disability and mental disability; however, employers may be less familiar with the fact that human rights legislation prohibits discrimination in employment based …

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11476309-health-and-safety-inspector
HEALTH AND SAFETY

Owner/Developer Was Not Responsible For Civil Damages Sustained In A Workplace Incident 20 Years Ago

Over 20 years after a workplace incident that seriously injured a worker, the Alberta Court of Queen’s Bench has dismissed the worker’s civil action against a developer.
The worker had been working on a rooftop of a condominium conversion project in March 1994 when he slipped …

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Human rights globe
HUMAN RIGHTS

Human Rights Tribunal Powers: The “Big Stick” Of Reinstatement

Unlike our court, the Ontario Human Rights Tribunal has the power to reinstate employees to their employment in appropriate cases. Normally, a reinstatement order will also be accompanied by some form of compensation award in respect of lost wages or “back pay”. In the past, …

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unpaid interns and ESA laws

Unpaid Internships Receive Poor Report Card From Ontario Ministry Of Labour

Recently, the Ontario Ministry of Labour released the results of its recent internship inspection blitz, revealing that many internship programs violated the Employment Standards Act, 2000 (the “ESA”). In this blitz, the Ministry targeted the advertising, public relations, computer systems design, consulting services and information …

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man & woman back to back
LABOUR RELATIONS

Related Employers: Who Does The Labour Board Say Is A Related Employer?

On April 15, 2013, the Ontario Labour Relations Board released a decision which should be of interest to employers as it considered whether to find that two employers were “related” over the objections of both employers.
To understand the decision, it is important to understand the …

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COMPENSATION

School Board Taught A Costly Lesson: Court Upholds Reinstatement With 10 Years Of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated.  During her employment, Ms. Fair had developed a psychiatric disorder, namely, generalized anxiety disorder.  She took a disability leave on October 2, 2001, as …

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drugs/medication
USE OF PRESCRIPTION MEDICATION

What to do About Suspected Painkiller Addiction

Question: I recently read that prescription painkiller overdoses have reached epidemic proportions and that abuse is rampant throughout North America. I am concerned about the possibility that some of my workers may be working while under the influence of opioid drugs (narcotics), either for pain …

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