First Reference Inc
First Reference Inc
Blog Post
  • The recent case of Radikov v. Premier Project Consultants Ltd et al. is a cautionary tale of the importance of good faith in consulting contracts after the Ontario Superior Court of Justice dismissed Premier’s appeal, finding Premier had acted as a “puppeteer” by keeping Mr. Radikov at its “beck and call” before terminating his fixed term contract two days before completion and refusing to pay the...

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with the new Fair Workplaces, Better Jobs Act 2017, payroll rates for 2018 and the new ESA poster. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches o...

First Reference Inc
First Reference Inc
Blog Post
  • Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damage...

First Reference Inc
First Reference Inc
Blog Post
  • An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee. The post Limitation peri...

First Reference Inc
First Reference Inc
Blog Post
  • The recent changes to the Workplace Safety and Insurance Act may well be a blessing for employees without other remedy or recourse. At this time, it appears possible that employees who have been subject to chronic workplace stress may be able to apply to the WSIB for some form of benefit. What the WSIB and the WSIAT do with this new entitlement is yet to be seen. The post Workers now eligible for ...

First Reference Inc
First Reference Inc
Blog Post
  • Stories about artificial intelligence (AI) stealing our jobs and robots going rogue have been in our collective consciousness for years. Elon Musk has also sounded the alarm bells’, calling AI the "biggest risk we face as a civilization". While he may know a few things I don’t, I can’t say that I agree. Always one to embrace technology, I think AI has great potential to be used by businesses in th...

First Reference Inc
First Reference Inc
Blog Post
  • Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm. The post Is the rule of law at risk in Ontario? appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Another week, another list of public allegations of sexual abuse, sexual assault and sexual harassment against high profile men in the entertainment industry, politics and beyond. The onslaught of allegations, which began in earnest with the allegations against Harvey Weinstein, followed soon after by allegations against what appears to be almost every other man in Hollywood, created a #MeToo move...

First Reference Inc
First Reference Inc
Blog Post
  • In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada confirmed that human rights legislation is to be interpreted broadly and purposively and specifically found that the protection against workplace harassment is not limited to conduct perpetrated by an individual’s employer or co-worker. This decision will have significant implications for employers and e...

First Reference Inc
First Reference Inc
Blog Post
  • Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts was introduced in the House of Commons on April 13, 2017. In response to the developments taking place at the federal level, provinces and territories have become active in creating provisions for their particular jurisdictions. The goal is to implement a regulatory framewor...

First Reference Inc
First Reference Inc
Blog Post
  • As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance. The post Welcome to 2018...

First Reference Inc
First Reference Inc
Blog Post
First Reference Inc
First Reference Inc
Blog Post
  • 2017 has been an incredibly busy year for Ontario employment law practitioners. In addition to the changes to the common law brought about by the decisions considered in this post, one would be foolish to omit any reference to the sweeping changes recently ushered in by the Wynne government as a result of the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22 (“Bill 148”). The post Top five ca...

First Reference Inc
First Reference Inc
Blog Post
  • We will be taking a break for the holidays. Please note that our offices and Ask the Editor service will be closed from Friday, December 22, 2017 at noon to Monday, January 1, 2018, inclusive. The post First Reference annual holiday donation, season’s greetings and holiday break appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017: The post Top 10 most-read Fir...

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with the new Employment Standards Regulation completing Bill 17, the payroll rates for 2018 and the Hays Canada 2018 salary guide. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • 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. The post Public holiday reminders for the 2017-18 holiday sea...

First Reference Inc
First Reference Inc
Blog Post
  • ‘Tis the Season and 2017 is coming to a close. With this, I am predicting some of the trends to follow from an employment law perspective of 2018. Here are 5 trends to follow in the new year. The post 5 employment law predictions for 2018 appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Here is a list of the cases which changed employment law in Canada in 2017 (in no particular order). Note that some of these cases are not yet published on CanLII and therefore, there is no link available. The post Top 10 employment law cases of 2017 appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre. The post HRTO issues rare interim order based on family status appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer. The post Working notice inappropriate for employees who cannot work appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • At almost 100 pages, Galea is a hefty case with many facets not touched upon in the above summary. That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation. The post $750,000 in moral and punitive damages awarded to employee left to “twist in the wind” appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018. The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent. The post Ontario Passes Bill 148 appeared first on First Reference Talks.

First Reference Inc
First Reference Inc
Blog Post
  • Starting January 1st, 2018, prescription drugs will be free for Ontarians aged 24 and under. Ontario’s Youth Pharmacare, also known as OHIP+, is the first universal drug program of its kind in Canada. It represents a major step forward in providing health care savings for individuals, families, and employers alike. The post Free prescription drug coverage for Ontario youth appeared first on First ...

First Reference Inc
First Reference Inc
Blog Post
  • If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate. The post Before the duty to accommodate, the duty to inquire appeared first on First Reference Talks.

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