Practical HR Tips, News & Advice. Updated Daily.
by Julia Kennedy A Canadian court recently upheld most of a more than $500,000 arbitration award involving a unionized employee of the Greater Toronto Airport Authority (GTAA). But it ordered the arbitrator to reconsider the mental distress and punitive damages awards. In doing so, the court clarified the broad remedial authority of arbitrators to award […]
Litigation Value: $0.00 for Gabe’s intentional infliction of emotional distress lawsuit against Erin. Stanley’s ADA action for his diabetes is primed and ready. Michael’s final turn hosting the Dundies reminds us why The Office has been a source of so much material since this Blog launched five years ago. Just about every award could be evidence […]
Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve […]
By Lindsey Taylor As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of […]
Tonight truly marked the beginning of the end for Michael Scott, as a new Scranton branch manager made his first appearance. Deangelo Vickers, played by Will Ferrell, started out with a Michael-esque quality of lovable dope, but it soon became apparent Deangelo Vickers is no Michael Scott. It became apparent when he asked Erin to change the […]
by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]
By Jennifer Shepherd and Katie Clayton Do you have employees working alone? If so, you may be required to assess your workplace and take measures to reduce risks of possible harm to workers. Indeed, many Canadian provinces require such action. A recent Alberta case demonstrates the tragic outcome that can befall a worker if you […]
Litigation Value: A narrow escape from Michael burning the office down (twice) and, as always, plenty of lost productivity while the employees held a garage sale, played “Dallas” and helped Michael propose to Holly. Since last night’s “Office” was another rerun, I thought I would take this opportunity to talk about the “Garage Sale” episode. […]
The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have […]
By Alix Herber and Jessica Schnurr Think an employee in Canada has to quit before suing the employer for constructive dismissal? Think again, says the Ontario Superior Court. An employee may pursue a constructive dismissal claim without quitting. Traditionally, faced with a unilateral change to a term or condition of employment, an employee had two […]