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Labour & Employment


Wednesday, August 22, 2018 @ 9:25 AM

Connecting workplace abuse and immigration compliance workplace_compliance_sm

Anti-bullying campaigns and movements such as #MeToo and #Time’sUp have brought issues of harassment, bullying and assault to the forefront of public conversation. If they are not already doing so, it is crucial that employers ensure that they are taking all steps to ensure a workplace free from abuse to avoid the liabilities that can result from such claims. However, there is one aspect of workplace abuse prevention that Canadian employers frequently overlook – the impact of claims of abuse on immigration compliance. ... [read more]

Tuesday, August 21, 2018 @ 11:44 AM

Ontario employers should prepare now for Bill 148 changes to on-call work regulations B&Workforce_sm.jpg

As many employers are now aware, Bill 148, (Fair Workplaces, Better Jobs Act, 2017), received royal assent and is now law. Bill 148 made significant changes to the Employment Standards Act, 2000 (ESA). ... [read more]

Monday, August 20, 2018 @ 8:57 AM

The anonymous resumé: What’s in a name? | Shara Roy

This year Lenczner Slaght is approaching student recruitment differently. All student applications will be anonymized. When candidates for second year positions submit their applications, their names will be removed and replaced by a number. It may seem impersonal — no one wants to be a number — but it guards against real concerns of bias in the hopes of improving both the process and the result. ... [read more]

Thursday, August 16, 2018 @ 1:17 PM

Ruling out stereotypes | Jennifer Taylor and Jessica Piper

We were disappointed to read a recent The Lawyer’s Daily article setting out rules that women law students should follow during their articling interviews. These included, “Wear a skirt” and “Ensure that your skirt is not too short and not too long.” Let’s be clear: In 2018, women don’t need to wear skirts to job interviews (or hide their family status, or talk about sports they’re not interested in — which were two of the other rules in the article). ... [read more]

Wednesday, August 15, 2018 @ 11:09 AM

Accommodating workers’ chronic pain complex issue for employers, lawyer says Brian_Wasyliw_sm

Getting a clear picture from a doctor of what a chronic pain sufferer can and cannot do at work is key for employers needing to accommodate the disability, says a lawyer. Toronto employment lawyer Brian Wasyliw says that while chronic pain can often be a nebulous and imprecise ailment met by employers with uncertainty, skepticism and, at times, a raised eyebrow of suspicion, it nonetheless must be addressed by finding out the workplace limitations faced by legitimate sufferers. ... [read more]

Monday, August 13, 2018 @ 1:17 PM

Social media still grey zone for HR departments: Caution is advised Megaphonecomputer_sm.jpg

Spider-Man first appeared in 1962 in Marvel’s Amazing Fantasy No.15. While much has changed since the 1960s, one line from the comic still holds true today— “With great power, comes great responsibility”. Today’s society is constantly changing and a major medium of this change is social media. Social media continues to be a “grey zone” for employees and employers alike, who struggle to regulate their behaviour or understand the consequences of their actions. ... [read more]

Friday, August 10, 2018 @ 1:25 PM

New B.C. family responsibility leave requires full disclosure on the part of employee bossworkerchat_sm.jpg

A late 2017 arbitration decision out of British Columbia — Kone Inc. v. International Union of Elevator Constructors, Local 82 (Kelpin Grievance)  [2017] B.C.C.A.A.A. No. 128 — confirmed that employees cannot “ambush” employers with an after-the-fact claim that going AWOL was actually a legislatively protected leave. In this case, the leave claimed was B.C. “family responsibility leave." Given the recent changes to the Employment Standards Act, B.C. employers will be likely to receive more requests for protected leaves. ... [read more]

Wednesday, August 08, 2018 @ 1:00 PM

Articling interview ‘rules’ for women law graduates | Jasmine Daya

There were unspoken rules for females when I was in law school about what to say or more accurately what not to say during articling interviews. I graduated from law school 13 years ago, so I cannot say with certainty that these “rules” still exist, but I would be surprised if they had suddenly disappeared given the glacial pace of change in the legal profession. ... [read more]

Tuesday, August 07, 2018 @ 2:05 PM

Canadian Tire case blurs lines between independent contractors and employees workerinsigns_sm.jpg

The blurring of lines between independent contractors and employees has been a steady trend in Canadian employment law. Consistent with that trend, a recent decision by the Ontario Court of Appeal has brought the two worlds even closer together. ... [read more]

Tuesday, August 07, 2018 @ 1:55 PM

Manitoba ruling highlights rarity of injunctions in constitutional matters Garth_Smorang_sm

A Charter case in which Manitoba’s public sector workers were recently denied an injunction against wage-freeze legislation speaks to how rarely courts will grant such an action in light of public interest, lawyers say. Bill 28, also known as the Public Services Sustainability Act (PSSA), imposes a two-year wage freeze on the public sector wages in the province, something the workers’ unions are challenging constitutionally. ... [read more]