Tag: Employment law

Arbitration awards: a permanent part of an employee file

by Emilie Paquin-Holmested In Canada, amnesty clauses are commonly found in collective agreements. The purpose of such clauses is to erase disciplinary measures from an employee’s file after a given period, usually between six and 24 months. Therefore, normally employers cannot consider disciplinary measures that predate the amnesty period when determining the appropriate disciplinary measure […]

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Great expectations? Let’s tip off with reasonable expectations

Expectations are a funny thing. They can be good in that they set forth an objective measure for expected performance, goals, and standards of conduct. On the other hand, they can turn bad if they are unreasonable or prone to differing or subjective interpretations. Watching the NBA draft last week, I was struck by how […]

Benefits beyond age 65?

By Marc Rodrigue The laws that generally provided for mandatory retirement in Canada have been eliminated. Across Canada, with very few exceptions, employees generally cannot be forced to retire at age 65. But can their benefits be cut off at age 65? Even if employers are permitted to cut off benefits to workers 65 and […]

Going from cost center to profit booster: How HR can make the transition

Human resources professionals can be excused for feeling a bit apologetic at times. They know the important work they do, but they work under the cloud of labels like “cost center” and “overhead”—labels often heard coming from the C suite. If the top executives in an organization consider the department necessary but also a drain, […]

Questioning employees about prescription drugs that could affect performance and safety

by Joshua W. Solberg Employers often have policies and procedures (frequently included in a drug-testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed physician) that could impair job performance. According to the Equal Employment Opportunity Commission (EEOC), such policies may violate […]

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent to at least one of his co-workers. According to the Los Angeles Times, Daniel Gilroy, who worked with Mateen for about a year as […]

Ontario court finds government’s ‘intransigent’ bargaining strategy unconstitutional

by Chris Pigott In 2015, we reported on the Supreme Court of Canada’s “New Labour Trilogy”—three landmark constitutional law decisions from January 2015 that called into question basic aspects of Canadian labor law. Those decisions sparked a massive debate in the labor law community as to whether Canadian workers had a brand new set of […]

Termination tips: making a hard situation easier

by Michael P. Maslanka It’s hard to fire an employee. It’s not quite as tough as being fired, but it’s a close second. It’s easy to let the emotions of the moment take over and make an error in judgment. So, here are some tips.   Allow time for reflection Decisions made in haste or anger […]