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RETIREMENT
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Under what circumstances is a pension plan boxed in by its previous practices? And when is it free to change its policy?
MORALITY
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Employers can fire any employee at any time for any reason as long as they provide notice or wages in lieu of notice. The harder question is whether sexual immorality is just cause to fire without notice.
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
Latest HR Headlines
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HIRING ABROAD

Top Employment Tips For Hiring Employees Abroad

Just as poutine is unlikely to taste the same in Mexico as in Canada, and just as croissants in Almaty may not be quite like croissants in Paris, employment laws differ around the globe. As a result, companies opening up shop in foreign jurisdictions need …

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How to calculate termination notice
DISMISSAL

Is Just Cause A Lost Cause?

The basic legal principles underscoring the formation of a contract are no mystery to most employers – an offer is made, the employee accepts the offer, and both parties receive valuable consideration for the bargain. The recent decision of the Ontario Superior Court of Justice …

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PRIVACY

Case Brief: On 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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PREGNANCY

Termination Days After Pregnancy Announcement was Discriminatory

It’s a business reality that sometimes workers need to be terminated for valid reasons relating to their performance, a decline in business or the worker’s inability to meet the requirements of the job. But how and when you terminate that worker is the difference between …

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NEWSLETTER

HR Insider Newsletter – December 2014

How to Establish an Effective Threat Assessment Team
Know the Laws of Your Province:
General Workplace Violence Risk Assessment Requirements 4
Organisational Structure:
Is Your Organization Really Flat and What Does That Mean? 5
TEST YOUR HRI.Q.: Are Terms of HR Manuals Contractually Binding?  6
CaSE of the month:
Termination Days After Pregnancy …

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Mergers and Acquisition

5 Key Challenges HR Faces During M&A

Organizations often merge or acquire other businesses in order to expand into new markets, acquire new technology or reduce competition. A merger is when two companies become one and an acquisition is when one company acquires another.
Mergers and acquisitions (M&A) can help organizations become more …

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Seduction
SEXUAL HARASSMENT

Jian Ghomeshi News Focuses Attention On How Court Deals With Sexual Assault

The Ontario police launched a criminal investigation into the allegations that Jian Ghomeshi sexually assaulted women. So far nine women have come forward with their stories. This week two liberal MPs were suspended from caucus with sexual harassment allegations.
Many people have speculated why complainants did …

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PERFORMANCE REVIEW

The Psychology of Building Trust In The Performance Review Process

Trust is an important component of the relationship building between an employee and their employer. When employees trust leadership and the people around them they are often able to spend more time and energy focussed on doing their best work.
There are many opportunities to earn …

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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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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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