Insights and updates on human resources, employment law, payroll, internal controls and compliance strategies.
How does an organization identify the best person for the job when filling a position? Companies generally follow a defined process for recruiting, hiring and promoting. They have a job description and certain criterion they are looking for. Whatever the process may be, it needs to be robust and legally defensible. The best method for achieving this is to use a formal assessment centre.
John Proctor
A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.
David Hyde
The next provincial election in Manitoba is scheduled for Tuesday, October 4, 2011. Employers have certain obligations to employees under the Manitoba Election Act. The writs have been issued for Manitoba’s 40th general election providing for a 28-day election campaign. The lawn signs are out and political parties in Manitoba have kicked their campaigns into high gear.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Remember the case where a Quebec school board terminated an office assistant because she was a porn video star on the side? She was terminated because her off-duty conduct was inconsistent with the school board’s mission and the values the board wished to convey to students. Well, here’s another case where a sex-ed teacher who also worked as a stripper and porn actor was allowed to keep teaching! What was the difference in this case?
Christina Catenacci, BA, LLB, LLM, PhD
In some unfortunate cases, Canadians need to work two jobs in order to make ends meet. Well, it seems that sometimes taking a second job may not be a good idea. The British Columbia Provincial Court recently found that an employer could terminate an employee for just cause because that employee had a second job and refused to quit when she was asked.
Christina Catenacci, BA, LLB, LLM, PhD
Recently, I posted a discussion topic in The Canadian HR Law Group on LinkedIn, which I moderate. It turned out to be one of a few recent topics that generated substantial interest and comment. As a result, I thought I would revisit the issue here, and I hope to hear from all of the First Reference readers.
Rudner Law, Employment / HR Law & Mediation
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.
Christina Catenacci, BA, LLB, LLM, PhD
New research suggests that it may be wise for employers to take a reasonable approach when dealing with issues of employee web surfing during work; in fact, by banning it outright and excessively patrolling the workplace, employers may cause more harm than good.
Christina Catenacci, BA, LLB, LLM, PhD