FRTalks

Insights and updates on human resources, employment law, payroll, internal controls and compliance strategies.

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Can accommodation include a reduction in pay?

One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.

Rudner Law, Employment / HR Law & Mediation

Time to read 5 minutes read
Calendar October 4, 2019
accommodation
accommodation to the point of undue hardship
Compensation for employees
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Can behaviours associated with a sex addiction merit employee dismissal?

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

Devry Smith Frank LLP

Time to read 3 minutes read
Calendar September 30, 2019
disability accommodation
duty to accommodate
employment law
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When should an employer issue an ROE in case of separation of employment?

Section 19(3)(i) of the Employment Insurance Regulations (SOR/96-332) states that an employer must issue the Record of Employment (ROE) within 5 days after the employee’s earnings are “interrupted.”

Jeff Dutton, Dutton Employment Law

Time to read 4 minutes read
Calendar September 27, 2019
employment law
record of employment
ROE issue procedure
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Maternity and parental leave policies: To top up, or to tap out? That is the question…

New York-based bank JP Morgan Chase has recently been getting a lot of attention in the media after paying a hefty 5 million dollars to settle charges that their parental leave policy was discriminatory towards their male employees. It is believed that the settlement will impact up to 5,000 fathers who were denied parental leave benefits.

Piccolo Heath LLP

Time to read 6 minutes read
Calendar September 17, 2019
discrimination based on sex
discrimination complaint
discrimination definition
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Revenue cycle risks and controls: Essential questions you should ask about your company’s sales and receivables

The importance of finance and accounting controls goes far beyond complying with legal requirements. In fact, revenue cycle controls are perhaps the most important component of an organization’s overall internal control framework! Not only are revenue cycle controls an organization’s strongest defense against fraud and loss, they help ensure that decisions are made based on […]

Fred Stewart

Time to read 3 minutes read
Calendar August 28, 2019
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5 questions to consider when exploring the duty to accommodate

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

Occasional Contributors

Time to read 6 minutes read
Calendar August 14, 2019
bona fide occupational requirement
disability–based discrimination
discrimination in employment
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Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

Rubin Thomlinson LLP

Time to read 5 minutes read
Calendar August 9, 2019
complaints of harassment
employment law
harassment in the workplace
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Is GPS data “personal information?”

A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but does the data collected may be considered “personal information”.

Devan Marr

Time to read 3 minutes read
Calendar July 19, 2019
employment law
GPS data
GPS devices
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Employee entitled to vacation pay on “discretionary” bonus

When is a “discretionary” bonus to be included in the statutory definition of “wages”?

Sean Bawden

Time to read 5 minutes read
Calendar June 24, 2019
Bonus entitlement on termination
Discretionary bonus
dismissal without cause