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Disturbing death of an underage worker – hearing begins October 2010

A recent article described the tragic death of a boy who was 15 years old and working as a paver for a company near Winnipeg. The company truck was dumping asphalt into a massive pile to use for various projects. The underage worker was helping unload the truck when he was hit by the entire load and buried alive under burning asphalt.

Christina Catenacci, BA, LLB, LLM, PhD

Time to read 2 minutes read
Calendar September 10, 2010
construction sites
criminal code
criminal investigation
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Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

Earl Altman

Time to read 5 minutes read
Calendar September 7, 2010
bad faith in the matter of the dismissal
constructive dismissal
damages
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The health and workplace benefits of team sports

Team activities, whether organized or informal, offer numerous health benefits—both physical and mental—they can be a perfect fit for enhancing workplace wellness.

Adam Gorley

Time to read 4 minutes read
Calendar July 22, 2010
fitness
fringe benefits
health
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Employer’s duty to accommodate an employee’s illness

I am often asked by HR Managers and other supervisory personnel how long an employee can be off work due to illness before he is deemed to have abandoned his position. Many HR people question whether they have to retain the opening indefinitely where there is no reliable prediction as to when an employee will return to work. The issue is important in that…

Earl Altman

Time to read 4 minutes read
Calendar July 20, 2010
Disability
duty to accommodate
Employee illness
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The ‘Ministry’ will investigate complaints of harassment… Really??!!

As a human rights advisor and educator I was encouraged to overhear this educational conversation about harassment at Tim Hortons. I was concerned however that part of the message this group was hearing was incorrect and misleading.

Andrew Lawson

Time to read 3 minutes read
Calendar July 13, 2010
harassment
harassment prevention
health and safety
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All this hot, humid and smoggy air outside… but what about indoor air quality?

The last few days have been quite hot and muggy. Those without air conditioning at home are especially grateful that they can retreat inside their air-conditioned workplaces for at least most of the day; but what is the air quality inside these areas?

Christina Catenacci, BA, LLB, LLM, PhD

Time to read 3 minutes read
Calendar July 9, 2010
air
air quality
chemicals
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Superior court refuses employer’s request for injunction

In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…

Earl Altman

Time to read 4 minutes read
Calendar July 6, 2010
common law
competitive activities of former employees
confidentiality
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Canada Day – What employers need to know

This year, Canada Day (July 1) falls on a Thursday. Unlike some public holidays, which shift dates in order to provide a long weekend, Canada Day is to be celebrated on the day it falls. This year, there has been much discussion of the fact that it creates a situation in which many people have Thursday off, and are then expected to return to work for one day before enjoying their weekend.

Rudner Law, Employment / HR Law & Mediation

Time to read 4 minutes read
Calendar June 30, 2010
Canada Day
employment standards act
Holidays
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Privacy risk management – by design

I’ve discussed the Privacy by Design principle before, in the Inside Internal Control newsletter. In case you don’t know, PbD is an approach developed by Dr. Ann Cavoukian, the Privacy Commissioner of Ontario, which proactively embeds privacy protection by default in the design of an organization’s practices and products.

Colin Braithwaite

Time to read 1 minutes read
Calendar June 10, 2010
confidentiality
employee personal information
PbD