June 12, 2012

An Update to Bill 168, Workplace Violence and Harassment

Case Law to date – Trends in Employer Behavior It has now been almost two (2) years since Bill 168 came into force (it became operational June 15, 2010). This paper provides a discussion of the major operational trend we have seen in respect of employers’ reaction to Bill 168 and provides a summary of…

June 12, 2012

Limiting Compensation Paid During the Reasonable Notice Period

Employers are often surprised to learn that terminated employees often expect to receive pro-rated amounts for compensation items such as bonus payments, car allowance, stock options, pension plan contributions, and other perks of employment as part of a separation package. The inclusion of such items in a separation package can make the terms of the…

May 12, 2012

Workplace Safety and Insurance Board Expanded Coverage in the Construction Industry

Effective January 1, 2013, Compulsory coverage under the Workplace Safety and Insurance Act, 1997 (WSIA) is expanding to include independent operators, sole proprietors, partners and executive officers in the construction industry, who will be considered “deemed workers” under the Act, with certain exceptions. Clearance Certificates The principal responsible for retaining a contractor or subcontractor to…

January 1, 2012

New Emergency Preparedness Requirements for Employers of Persons With a Disability

Effective January 1, 2012, the Accessibility for Ontarions with Disabilities Act (“AODA”) requires all employers to identify employees who may need individualized emergency response information due to a disability that requires accommodation. Once such employees have been identified, the employer must: provide individualized emergency response information that takes into account the employees’ limitations; obtain the…

November 12, 2011

Employee’s Reasonable Expectation of Privacy

In R. v. Cole1, Ontario Court of Appeal recently rendered a decision that addresses an employee’s reasonable expectation of privacy related to the use of technology on employer owned equipment. In this case, the accused was a high school teacher who was provided with a laptop computer to be used in teaching a technology course…

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