Practical HR Tips, News & Advice. Updated Daily.
by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]
By Naseem Malikand Daniel Pugen McCarthy Tetrault Let’s say you are the human resources director for a Canadian-based operation with affiliates in other countries. One of your numerous responsibilities is to manage the company’s temporary foreign workers, including Americans, in Canada. A challenge you face is handling retention issues with some foreign workers. Given their […]
(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]
Last week’s episode of The Office, “Goodby Toby,” sure gave us plenty to chew on. So, I’m taking advantage of this week’s break to turn to another Dunder Mifflin pickle presented by the finale — Kevin. As we saw, Dwight planted the seed with Holly that Kevin is mentally disabled. Kevin’s natural demeanor certainly drove […]
By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause. In its decision earlier […]
At a top-level management meeting of Unsafe Corporation, located in midtown Manhattan, the newest addition to the legal department, Eager Beaver, inquired into the company’s efforts to ensure Occupational Safety and Health Act (OSH Act) compliance. Laughter was heard around the table, punctuated by the CEO chiding, “The OSH Act doesn’t apply to us. Where […]
In 2006, the U.S. Supreme Court issued an opinion expanding the range of employer conduct that employees could use to support a retaliation claim. But as with anything new, questions immediately arose. Is a dirty look now considered retaliatory? An off-putting e-mail? What about a humiliating public censure? This uncertainty left employers understandably concerned. But […]
Litigation Value: $300,000 per claim (until respected HR manager is in place). Though there is so much to write about — office romance, sexual harassment, what Kevin might be regarded as, pranks involving animals, and fraud — tonight, in honor of Toby’s departure, I want to focus on monsters. It is no secret that Michael […]
Employment law attorney Michael Maslanka reviews the book Double Billing: A Young Lawyer’s Tale of Greed, Sex, Lies, and the Pursuit of a Swivel Chair by Cameron Stracher. Review recommends book because of its inside look into how employment litigation gets out of control. Double Billing: A Young Lawyer’s Tale Of Greed, Sex, Lies, And […]
by Donovan Plomp McCarthy Tetrault The British Columbia Court of Appeal just issued an important decision about an employee’s right to make a statute-based overtime claim in a civil action. The decision, Macaraeg v. E Care Contact Centers Ltd., should make BC employers very happy. And it may provide a new defense to overtime pay […]