Practical HR Tips, News & Advice. Updated Daily.
By Donna Gallant As we reported four weeks ago (Shocking Arbitration Decision in Ontario), a prominent Canadian arbitrator recently ordered the Greater Toronto Airports Authority (GTAA) to pay more than $500,000 in damages, finding that it failed to take reasonable steps to ascertain the truth about an employee’s medical condition and fired her for sick […]
Litigation Value: training management on whistleblower protections — $10,000; settling customer claims due to the flaming printers — more than Sabre would like to think about; finding out Holly’s coming back — priceless. The printers aren’t the only things heating up at Sabre. Jo’s mission to root out the whistleblower had more than one person […]
by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]
by Hillary J. Collyer As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam […]
By Lyne Duhaime There are lots of recent activities in the pension field at the federal level in Canada. The government’s actions in the past 12 months constitute the most important reform of federal pension laws since the 1980s. Here’s a quick overview. It started on January 9, 2009, when the government of Canada released […]
by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]
by Lauren E. Moak The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned […]
By Ralph Nero and Ida Martin Are pension plans that provide age-based early retirement programs discriminatory? In a decision that may be important across Canada, the Ontario Human Rights Tribunal has recently answered no. In Kovacs v. Arcelor Mittal Montreal, Kovacs argued that he had been discriminated against on the basis of his age by […]
Litigation Value: $50,000 for the office meeting Michael called to discuss his sex life with his employees. In this week’s episode of The Office, we saw two storylines, both of which provide interesting employment law issues: Michael’s quest to find out if Donna is cheating on him and Darryl’s attempt to play a prank on […]
by Paul Ross As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority of cases, employees support their entire case with circumstantial evidence. In short, they attempt to cast as much doubt as possible on the reasons offered by the […]