Tag: Employment law

Divorce and the unproductive employee

by Kathryn M. Grigg Employees are not the only ones who suffer through a divorce. Employers also bear the cost of an employee’s divorce through absenteeism and reduced productivity. This article addresses some benefits and support programs you can provide at minimal cost to maintain a productive workforce. Costs of divorce The amount of time […]

Sale of business to smaller company doesn’t equal termination

by Olivier Lamoureux A Québec court recently ruled that there was no constructive dismissal arising from the sale of a business to a smaller third-party purchaser for whom a manager refused to work. The Quebec Court of Appeal in the Boulad case (2108805 Ontario inc. c. Boulad, 2016 QCCA 75) overturned a lower court decision […]

Apprenticeship getting more attention as way to bridge the skills gap

It’s a familiar lament coming from employers: They struggle to hire people with the skills they need even when jobseekers line up at their doors. The skills gap has been a worry for years, and employers, educators, workers, and government officials have long touted apprenticeship as at least part of the solution. But the concept […]

What do DOL’s final ‘persuader’ rules mean for employers?

by Kevin C. McCormick On March 23, 2016, the U.S. Department of Labor (DOL) issued its long-awaited persuader rules, which significantly expand certain reporting requirements for employers and their attorneys. Under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), labor relations consultants hired to influence or persuade employees not to unionize are required […]

Westeros might have benefited from recent trends in paid family leave

Game of Thrones, one of my favorite shows, most recently returned for its sixth season. Don’t worry, no spoilers here if you haven’t seen the first couple of episodes of this season. However, if you haven’t noticed, one of the recurring themes for characters in Game of Thrones appears to be daddy issues. In fact, […]

More human rights ‘frustrations’

by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of  returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]

Employers can find ways to turn negative feedback to positive outcomes

Most employers consider feedback from employees necessary, but those employers might wonder if that feedback has to feel so much like a necessary evil. When the feedback employees have to offer is negative, it can be tough for employers to stomach. But more and more employers are realizing that even when it’s negative, feedback can […]

What do you do now? The boss is the problem!

by Jo Ellen Whitney Being a business owner, supervisor, or boss doesn’t make you immune to bad behavior. Business owners, CEOs, and upper-level managers have been known to be bullies, behave badly, harass employees, and have affairs. There are certainly plenty of recent examples in the media. You can rarely open a popular magazine without […]

Sleep much? Board finds that dozing off on the job is not willful misconduct

by Avneet Jaswal Can an employer terminate an employee for sleeping on the job on multiple occasions? The Ontario Labour Relations Board concluded that such behavior may give rise to just cause for dismissal. Can sleeping on the job amount to “willful misconduct” eliminating the employer’s obligation to pay statutory notice and severance amounts? Well, […]

When the DOL comes knocking, will you be prepared?

by Amy McLaughlin Unlike the lottery, you generally don’t want the U.S. Department of Labor (DOL) to pick your number for a workplace audit or investigation. However, a DOL visit may be unavoidable. Over the past five years, the number of DOL-initiated investigations has increased by 35 percent, and the DOL has a 75 percent […]