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When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

Rudner Law, Employment / HR Law & Mediation

Time to read 5 minutes read
Calendar November 3, 2017
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The curious incident of the sick dog and paid leave in the work day

Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.

Michele Glassford

Time to read 4 minutes read
Calendar November 1, 2017
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What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees?

Employers must issue the ROE within five days after the employee’s last day of work, regardless of the reason why the employee left (i.e. termination, resignation, etc.).

Jeff Dutton, Dutton Employment Law

Time to read 5 minutes read
Calendar September 26, 2017
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Six principles for effective risk management

In World-Class Risk Management, I review the eleven principles in the ISO 31000:2009 global risk management standard and condense them to just six.

Norman D. Marks, CPA, CRMA

Time to read 3 minutes read
Calendar September 20, 2017
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An employer’s duty to inquire into mental illness

Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.

Doug MacLeod, MacLeod Law Firm

Time to read 5 minutes read
Calendar September 12, 2017
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The challenge of organizational culture

Culture has become a very contentious political issue in the past few weeks. However, discussions about culture have a very long history and always evoke very strong responses. This is because culture, “the way we do things”, is what distinguishes one group of people from the next.

Deveen Hunter

Time to read 4 minutes read
Calendar August 31, 2017
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20 questions to ask when prioritizing your policy development efforts

Having too many policies can burden your organization, but having too few exposes it to unnecessary risk. That means we need to prioritize which policies we will develop (or revise) first.

Ethics &Compliance Matters ™, Navex Global ®

Time to read 3 minutes read
Calendar August 28, 2017
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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

Rudner Law, Employment / HR Law & Mediation

Time to read 12 minutes read
Calendar August 4, 2017
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Vexatious litigants and abuse of process at Tribunal

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

Kevin Sambrano, Sambrano Legal Services

Time to read 4 minutes read
Calendar April 26, 2017