Practical HR Tips, News & Advice. Updated Daily.
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 […]
In a democracy, social issues regularly become political issues, and solutions (including compromises) are worked out through public elections. Since employers and unions are frequently on opposite sides of key issues, both attempt to involve the public and spend extensively to support their respective positions or solutions. Both the short- and long-term ramifications of this […]
by Mark Schickman HR directors usually aren’t the most politically powerful officers in higher-level corporate cultures. The function doesn’t produce product or create sales, so there’s no ready way to judge its value and contribution. Like a solid defensive lineman, an HR director is working best when basking in total anonymity — when no HR […]
HARASSMENT CLAIMS: $200,000 – $300,000. NEGLIGENCE/PERSONAL INJURY CLAIMS: $50,000 – $75,000. WATCHING ANDY EAT IT IN THE SAND PIT: Priceless. It is truly my honor to take over this blog for my good friend, Julie Elgar. She has provided us all with great practical and legal tips over the past year, and we will miss […]
by Daniel Pugen of McCarthy Tetrault and Karen Sargeant formerly with McCarthy Tetrault In most Canadian provinces, occupational health and safety legislation provides for government inspections. Besides random or regular audits, workplace accidents often will prompt inspections, and especially where an accident has taken place, prosecution of the employer and managers is a potential outcome. […]