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Published on: 13 Nov 2012 By

Silence Is Golden: What happens when confidentiality provisions are breached?

Settlements with employees often include confidentiality provisions. What happens when those confidentiality provisions are breached? A recent decision of the Human Rights Tribunal of Ontario inTremblay v. 1168531 Ontario Inc. provides some useful guidance. The employer operated a Subway sto…

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Published on: 17 Oct 2012 By

Court Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing Employment

Employers often tell me they feel like employees have ALL the rights in the employment relationship.  While that isn’t entirely true, I certainly understand why it can seem that way. But here’s some good news – the British Columbia Court of Appeal recently came down solidly on the side of th…

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Published on: 15 Oct 2012 By

Sobering Thoughts: Hosting Social Functions with Alcohol and How to Reduce Your Liability

The days are getting shorter and the weather cooler.  Fall is clearly here.  For many employers, this means that plans for the office holiday party are in the works.  It also means that many employees will be consuming alcohol at an employer-sponsored event. [Read More…] The days are g…

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Published on: 20 Aug 2012 By

Does your home renovation make you a “constructor”? Believe me, you need to know!

How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …

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Published on: 12 Jul 2012 By

Performance management is not “harassment”!

Words are important.  Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences.  But too often, employees don’t understand the legal definition of these words.  Today, I’m particularly annoyed by em…

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Published on: 27 Jun 2012 By

Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies

It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough amon…

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Published on: 25 Jun 2012 By

Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question

Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what…

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Published on: 22 Jun 2012 By

Don’t Forget to file your 2012 Customer Service Accessibility Report

Is your organization in the private or not-for-profit sector? Does it provide goods or services to the public or to third parties? Does it have 20 or more Ontario employees? If the answer is YES to all three questions, then your organization must file its 2012 Customer Service Accessibility …

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