First Reference Inc
First Reference Inc
Blog Post
  • Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits. The post Reinstatement of employment at the Human Rights Tribunal appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Some best practices for quarterly reporting outlined here are focus on the story you want to tell, evolving data and analytics, keep it clean, and tailor the report to the audience. The post Best practices for quarterly reporting appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The Accessibility for Ontarians with Disabilities Act (“AODA”) requires organizations that have one or more employees in Ontario to comply with standards. These standards require organizations to establish policies and procedures to assist people with disabilities in five areas. The post 2017 AODA reporting deadline appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with the new cannabis smoke-free and road safety legislation, a successful age discrimination case, and a new WSIB self-evaluator. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors. The post Short service employee gets four months’ pay in lieu of reasonable not...

First Reference Inc
First Reference Inc
Blog Post
  • A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal. The post Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s...

First Reference Inc
First Reference Inc
Blog Post
  • On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements. The post The official word on unofficial bonus policies appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
First Reference Inc
First Reference Inc
Blog Post
  • The request to make Remembrance Day a national public holiday across Canada without removing any existing public holiday continues. The post Remembrance Day may soon be a public holiday in Canada appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for. The post The legalities of criminal, credit and medical checks in HR appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with: the new Canada Labour Code measures coming into force, liability for negative references and the Bill C-44 amendments to the Employment Insurance Act coming into force on December 3, 2017 . The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice. The post Post-termination bonus entitlement appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred. The post Update on genetic discrimination provisions in human rights legislation appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs. The post Case study: Why you need to periodically review your employment contract appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention. The post The #metoo moment appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accomm...

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed. The post Three popul...

First Reference Inc
First Reference Inc
Blog Post
  • Employment contracts are a useful tool for employers. But often, employers make mistakes when creating their contracts. Here are five of the main mistakes to watch out for. The post Top 5 mistakes employers make in their contracts appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent. The post Recent decision upholds reasonable pro...

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with: Alberta's long-awaited cannabis framework, whether or not employee discounts are a taxable benefit and 2018 salary projections. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Generally, where no suitable work is available for an employee’s restrictions, employers are not required by human rights law to accommodate a disabled employee by generating new positions for them. The post Preferential treatment for employees with active WSIB claims not discriminatory appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Are you thinking it would be out of this world for you to bring your pets to work? Think again—Companies today are slowly hopping on board to this idea. The post Furry friends at work, should pets be part of your office culture? appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Last month we introduced 3 questions that should be asked of any reporting that is done with a regular cadence - monthly, quarterly, annually - where you can get into the habit of "same old, same old". The post 5 do’s and don’ts for effective HR reporting appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accomm...

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed. The post Three popul...

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