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HR MANUAL
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Sticking a provision into an HR Manual doesn’t necessarily make it a contractual obligation
EMPLOYMENT CONTRACT
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You can’t make employees give up their employment standards right to termination notice but you can ensure they get no more than that notice
FIRED
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As HR director, you have to help your own organization make sound judgments about whether it has just cause to terminate an employee
TERMINATION
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Ensuring that termination payments and back pay are properly processed and transmitted to a fired employee is not as simple as it sounds.
Latest HR Headlines
the differences between employees and independent contractors
LABOUR RELATIONS

Retail Shift Leaders Not Truly Managers, Says OLRB

The Ontario Labour Relations Board was recently tasked with determining whether the Shift Leaders of a Brampton, Ontario Sirens retail store exercised managerial functions within the meaning of the Ontario Labour Relations Act, such that they should be excluded from the bargaining unit.   After a …

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Mental-Stress
WORK PLACE STRESS

Stress Leave

Tom Stefanik discusses stress leave as part of the Torkin Manes Legal Point Video Series.
Q.  One of your employees calls or emails that they are off today due to “stress”.  That employee provides you with no further information.  What can you do or what should …

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How to Terminate an Employee the Right Way
CONTRACT OF EMPLOYMENT

Terminations Without Cause

Peter Straszynski discusses terminations without cause including the difference between “with cause” and “without cause” termination and what an employee is entitled to when terminated without Just Cause as part of the Torkin Manes LegalPoint Video Series.
Q. What is the difference between a “with cause” …

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tangled
EMPLOYMENT LAW

How To Avoid Prosecution Under The Employment Standards Act, 2000

Most of the time it only takes a couple of tweaks to ensure your company avoids getting fined for violating the Employment Standards Act, 2000 (“ESA”).
What gets employers in trouble most often? According to the Ministry of Labour (“MOL”), most complaints and violations of the …

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How to figure out which wage laws your own company is subject to
Labour Relations

Changes To The Canada Labour Code: Work Refusals And Narrower Definition Of Danger

Amendments to Part II of the Canada Labour Code (Code) are set to take effect as of October 31, 2014. These changes include redefining “danger”‘ under the Code for the purposes of work refusals and putting in place a new system for enforcing Part II. …

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Urban Development
Organisational Structure

Is Your Organization Really Flat and What Does That Mean?

Recently I was asked about the idea of ‘flat organizations’ and, specifically, how to explain and manage the workflow and structure to new employees. For some employees the idea of a flat organization is exciting but for others confusion and concern are common reactions. Clearly …

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HR LEADERSHIP

A Lesson in Leading

Herb Kelleher, former CEO of Southwest Airlines once said that “corporate culture is hard to define but without it you ain’t got nothing” (actually Herb was a lot more colorful than that). If you want to know if working on corporate culture matters as much …

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Work and family balalce
WORK AND FAMILY BALANCE

Endeavour To Achieve A Work Life Balance

In Quebec, time devoted to paid work has considerably increased over the years. Moreover, the number of single-parent families and households where both spouses work is growing. Consequently, we are left with an increasing imbalance between work and family obligations. Quebec is no exception to …

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Privacy
PRIVACY PROTECTION

The Interplay Between Privacy Rights And Charter Freedoms

On November 15, 2013, the Supreme Court of Canada released reasons in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401, 2013 SCC 62. The case addressed the union’s right to collect and use videotaped and still images of individuals who …

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WRONGFUL DISMISSAL

Wrongful Dismissal Limits Raised In Provincial Court Of Alberta

An important development for employers and dismissed employees occurred as of August 1, 2014, when the Government of Alberta raised the limit for claims in the Provincial Court of Alberta (the “Court”) from $25,000 to $50,000. This will have important legal and practical implications on …

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