November 28, 2019

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article, about the supposed 'rule of thumb' for notice of termination, is featured in this edition.

November 26, 2019

Dentists usually preach good oral hygiene to prevent gingivitis and tooth decay, but preventative maintenance applies equally to employment law and, in particular, buying or selling a practice. Strategic planning, enforceable contracts, effective workplace policies, and properly implemented procedures are the employment-law equivalent of brushing and flossing, and can be tremendously beneficial in avoiding legal claims from employees. This is true of both day-to-day practice operations and practices in transition.

November 20, 2019

Perhaps you’re fresh out of school, looking for your first position as a hygienist. Or maybe you have been working as a hygienist for many years and are looking to move to a new practice (or multiple practices). Or, perhaps the dentist you have been working with has just asked you to sign a very legalistic new contract.

When you are presented with that contract, what should you do? Should you sign? What difference can it really make?

November 14, 2019

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate.

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.

November 12, 2019

The employer’s duty to accommodate is often triggered when the employee requests accommodation. As with all requests for accommodation, the employee must cooperate with the employer in order to find a reasonable accommodation.

However, what happens if the employee does not request accommodation and is later terminated following a positive post-incident drug and alcohol test? This was the issue before the Canadian Railway Office of Arbitration & Dispute Resolution in the case of Canadian National Railway and Teamsters Rail Conference (F.A.), Re.

October 16, 2019

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future.

The third episode features the second part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

October 7, 2019

If an individual is moved into a lower level role to accommodate certain restrictions and limitations identified by their doctor, does the employer have to keep their salary and perquisites the same? This may surprise many readers, but the answer is no: all else being equal, it is not unlawful to reduce an employee’s compensation in order to align it with their new role.

October 1, 2019

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future.

The second episode features the first part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

September 27, 2019

In some cases, U.S. companies with Canadian divisions seek to apply an American legal approach on employees in Canada.
Stuart Rudner, a Toronto lawyer with his own employment and HR practice, says the result can be a fear factor. “Even if it’s non-enforceable, most people will assume that it is and they won’t take their chances,” he says. “It might be a weapon the company can use to make your life difficult.”

September 26, 2019

When it comes to how we handle disputes, there are many options. And yet the reality is that most of us tend to do things the same way every time.