fmc-law.com RSS Feeds - Publications - Employment | Labourhttp://www.fmc-law.com/upload_net/rss/en/Employment_Labour.xmlThu, 31 May 2012 10:01:10 GMTen-us5More than two-thirds of Ontario companies charged under the Occupational Health and Safety Act plead guilty. Defendants who plead guilty and allow the court to set their fines pay, on average, 40% less in fines than defendants who plead guilty and accept the Ministry of Labour’s proposed fine. At least one party is convicted and fined in 82% of Ontario workplace incidents that result in occupational health and safety charges. Two-thirds of corporations that go to trial are found guilty. These are some of the nine findings that we have drawn from our study of unpublished prosecution data obtained from the Ontario Ministry of Labour through a Freedom of Information request. From the data, which involves 863 defendants - 592 corporations and 271 individuals such as supervisors and workers - charged with offences under the Occupational Health and Safety Act, we have been able to paint a statistical picture of what actually happens when employers, supervisors, workers and others are charged under the Occupational Health and Safety Act.  All of the charges in our study were resolved during the eighteen-month period from January 2009 to June 2010. Our nine findings from the data are set out in this report. To read the full report, please click here.http://www.fmc-law.com/Publications/0512_OHS_Act_Charges_Miedema_Hall.aspxWed, 16 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_OHS_Act_Charges_Miedema_Hall.aspxIn an unusual case, the Ontario Ministry of Labour has charged a small town's volunteer fire department with safety offences under the Occupational Health and Safety Act. The case is of interest because it involves the Ministry of Labour using safety laws to scrutinize, through the courts, the actions of emergency response professionals who are faced with a crisis situation. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Volunteer_Fire_Departments_Actions_Scrutinized.aspxFri, 27 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Volunteer_Fire_Departments_Actions_Scrutinized.aspxNaomi Horrox and Andy Pushalik, members of Fraser Milner Casgrain LLP’s (FMC) Employment and Labour Group, co-authored Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition featuring updated legislation, new chapters and court rulings. Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition provides answers to employment standards, wrongful dismissal, human rights, and workplace equity questions across 14 jurisdictions in Canada. It is intended for employers, human resources professionals, employees, consultants and all those concerned with the employment relationship. In this book: Defining and Regulating the Employment Relationship Minimum Age of Employment Minimum Wages and Call-In Pay Hours of Work and Overtime Pay Statutory Holidays Vacations with Pay Leaves of Absence Payment of Wages Personnel Records Termination of Employment Wrongful Dismissal Discrimination in Employment Harassment at Work Equal Pay and Pay Equity Employment Equity Enforcement of Employment Standards   For more information or to order a copy of Your Employment Standards Questions Answered – Federal and Provincial Guidance, 5th Edition as published by CCH Canadian Ltd.http://www.fmc-law.com/Publications/0412_Your_Employment_Standards_Questions_Answered_5th_Edition.aspxMon, 16 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Your_Employment_Standards_Questions_Answered_5th_Edition.aspxAdrian Miedema and Christina Hall wrote the second edition of "HR Manager's Guide to Background Checks and Pre-Employment Testing". There are many types of pre-employment background checks or tests available to employers. These checks can assist employers in hiring applicants that are well-qualified and skilled for the positions for which they are applying. Some of these checks will also assist employers in identifying "red flags" and thus mitigating against certain risks – such as hiring an applicant that may pose a risk of fraud or theft to the organization. Other types of checks will help employers obtain a sense of who the applicant is as a person, so that they can better assess whether the applicant will "fit" within the organization. In recent years, employers have begun to check references with greater frequency and thoroughness. This book has been designed to help employers understand what types of checks are legally permissible, and how to conduct these checks in a way that minimizes risk to employers. The authors advise that interviews and reference checks be conducted before the employer extends a conditional offer of employment to the job applicant, but all other background checks and tests discussed in this book should be performed afterwards. The following types of background checks are reviewed in this book: personal interviews, reference checks, education and professional certification checks, credit checks, psychometric tests, medical and fitness tests, police records checks, drug and alcohol tests, and immigration, terrorism and industry-specific security checks. New in this edition: Completely revised chapter on police records checks Expanded coverage of the use of the internet and social networks for background-checking New chapter on court searches Discussion of developments in the law and science of drug and alcohol testing       Republished with permission. To purchase the book from the publisher, please click on the image above.http://www.fmc-law.com/Publications/0312_Miedema_Hall_HR_Guide_Background_Checks_Pre_Employment_Testing.aspxMon, 26 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Miedema_Hall_HR_Guide_Background_Checks_Pre_Employment_Testing.aspxIn this article, FMC Partner Adrian Miedema discusses the key changes brought about by Bill 160. The bill has made significant amendments to the Occupational Health and Safety Act (OHSA) resulting from the recent report released by the Expert Panel headed by Tony Dean. The bill received Royal Assent on June 1, 2011, however many of the updates will not become law until April 1, 2012 or the date proclaimed in force by the government. In addition, Adrian gives an overview of the other recommendations of the Expert Panel that are expected to be implemented within the next five years. Republished with permission from HR Professional magazine. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Miedema_Adrian_Bill_160_Revamp_Ontario_Health_Safety_System.aspxWed, 23 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Miedema_Adrian_Bill_160_Revamp_Ontario_Health_Safety_System.aspxRequesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety. Employers are legally responsible for maintaining a healthy and safe workplace while at the same time managing their business in accordance with human rights and privacy legislation. Managing a business involves dealing with Employees who are disabled and require some form of accommodation. Given the legal framework, Employers may be understandably apprehensive about requesting medical information from their Employees. The developing body of court and arbitral jurisprudence has increased Employer obligations in the area of accommodation. As well, new legislation in some jurisdictions has increased Employers’ potential liability for the unlawful conduct of their Employees. Thus Employee disclosure of personal medical information will increasingly be relevant and necessary. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Employer_Rights_Obligations_Medical_Info_Overholt.aspxThu, 10 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Employer_Rights_Obligations_Medical_Info_Overholt.aspxUpdating a blog, forwarding an e-mail, posting on Facebook, sending out a tweet, uploading to YouTube — the number of different ways in which employees can rapidly communicate and disseminate information electronically has exploded in the last 10 years. It’s enough to make an employer’s head spin. Today’s quiet conversation with an employee in order to provide ‘‘constructive feedback’’ can lead to tomorrow’s ‘‘most read’’ blog entry or ‘‘most shared’’ video created by that employee in retaliation. Today’s ‘‘joking’’ e-mails can be reproduced tomorrow, verbatim, in a statement of claim where they inevitably seem considerably less funny. And too often an employer will discover the blog or video only after it has (perhaps literally) circled the globe or will learn of the particular e-mails only when served with the lawsuit. By this time, damage control may be extremely difficult, leaving an employer with not only unwelcome publicity  or media attention, but possibly also with such unpalatable tasks as addressing the anger, hurt, and criticism coming from its other employers are left with no option but to do the best they can with damage control and then hunker down and ride out the storm. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Trouble_Is_Never_Further_Than_A_Click_Away_Hall.aspxFri, 04 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1111_Trouble_Is_Never_Further_Than_A_Click_Away_Hall.aspxIn this presentation, FMC Partner Joe Hunder explains how overtime obligations arise and how to deal with them. Some of the topics discussed are as follows: Who is entitled to overtime? When do overtime obligations arise under the Code? Exemptions and exceptions Industries and employees with different overtime rules Contractual overtime Managing overtime obligations Compressed work schedules Time off in lieu - overtime agreements Purpose of a reference letter Duty of good faith When should a reference letter be provided and what should it say? Employment contracts and related issues Stress-free terminations Reasons for terminating the employee Common “problems” in establishing just cause Termination meeting Tax & EI issues Learn more by viewing the Slideshare presentation below. Current HR Issues View more presentations from FMC Law The preceding presentation contains examples of the kinds of issues companies dealing with HR issues could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1011_Hunder_Joe_Current_HR_Issues.aspxTue, 01 Nov 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Hunder_Joe_Current_HR_Issues.aspxIn this presentation, FMC Partner Andrea Raso Amer covers the following topics relative to orders and financial penalties for non-compliance: What types of administrative penalties can be imposed? When will an administration penalty be imposed? Examples of “high risk” How is the amount of penalty determined? What can you do when faced with an administrative penalty? Learn more by viewing the Slideshare presentation below. Orders and Financial Penalties for Non-Compliance View more presentations from FMC Law The preceding presentation contains examples of the kinds of companies dealing with orders and financial penalties for non-compliance face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/1011_Raso_Amer_Andrea_Orders_and_Financial_Penalties_for_Non_Compliance.aspxWed, 26 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Raso_Amer_Andrea_Orders_and_Financial_Penalties_for_Non_Compliance.aspxIn this article, FMC Partner Adrian Miedema discusses legal issues related to the use of social media, focusing on not-for-profit and charitable organizations. Adrian also provides advice on how such organizations can, acting within the law, create rules for their employees' online postings to protect the organizations' online reputation - the goal being to avoid negative publicity and the loss of potential donors and supporters. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Social_Media_Risk_Management_Charities.aspxFri, 30 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Social_Media_Risk_Management_Charities.aspxIn this article, Kristin Taylor shares her five-step program for the Accessibility for Ontarians with Disabilities Act (AODA) compliance. One in seven people in Ontario have a disability, a number that is expected to reach one in five within 20 years because of an aging population. No wonder then that the Ontario government is calling on private and not-for-profit organizations to make their workplaces more accessible. The new AODA forces organizations with 20 employees or more to conform to mandatory standards in customer service, employment, transportation, information and communications and new construction. Customer service is the immediate priority, carrying a Jan. 1, 2012 deadline, and the other standards will be phased in over the next decade. Kristin says discrimination based on disabilities has long been prohibited in the workplace, but only enforced when people complained. AODA positions Ontario as the world’s first jurisdiction to move from complaints-based legislation to a proactive regulatory regime concerning mandated accessibility. Read this article on the Financial Post's website by clicking here.http://www.fmc-law.com/Publications/0911_Taylor_Kristin_Financial_Post_Magazine_Enabling_Behaviour.aspxMon, 19 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Taylor_Kristin_Financial_Post_Magazine_Enabling_Behaviour.aspxOntario employers must start preparing to make their workplaces and employment practices more accessible to current and potential employees with disabilities as a result of new standards recently releasedby the Government of Ontario. The Government of Ontario recently released the final Integrated Accessibility Standards Regulation (the ‘‘Regulation’’) under the Accessibility for Ontarians with Disabilities Act, 2005 (the ‘‘AODA’’). The Regulation, which came into force on July 1, 2011, applies to virtually every public and private sector organization in Ontario that provides goods, services, or facilities to the public or other third parties. It also sets out three new accessibility standards in the areas of information and accessibility standards in the areas of information and communications, employment, and transportation. Republished with Permission from CCH Canadian Limited. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_CCH_Newsletter_McCreadie_Pushalik.aspxMon, 15 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_CCH_Newsletter_McCreadie_Pushalik.aspxIn this publication, Mary Picard discusses pensions, severance packages for terminating employees and the “Indalex” Ontario Court of Appeal case. This publication provides further discussion on the following items: The pension piece of a severance package should be paid out of the pension plan if possible. Techniques to achieve this can be good for employers and employees. Severance packages for many terminating employees are about to get a lot more expensive. Find out if the terminating employee is in a defined benefit pension plan that has early retirement enhancement provisions. Their pension entitlement could double in value, under new Ontario pension legislation.  What should you know about the “Indalex” Ontario Court of Appeal case? Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Picard_Mary_Pension_Update_Six_Minute_Employment_Lawyer.aspxTue, 21 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Picard_Mary_Pension_Update_Six_Minute_Employment_Lawyer.aspxFraser Milner Casgrain LLP (FMC) Partner Carman Overholt presents a topic intended to assist you in developing policies and managing the problems arising from the use of social media in the workplace. Carman will review the nature of policies and best practices that are recommended. Learn more by playing the webcast below.http://www.fmc-law.com/Publications/0611_Social_Media_Opportunities_Limitations_Webcast.aspxFri, 17 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Social_Media_Opportunities_Limitations_Webcast.aspxScents in the workplace may affect employees' well-being. This is most common with the scents of shampoos and conditioners, lotions, perfumes, colognes, aftershaves, hairsprays, air fresheners, and cleaning agents. Where an employee has sensitivity to scents, exposure to them may result in a number of different symptoms, including headaches, dizziness, light-headedness, weakness, loss of appetite, shortness of breath, skin irritation, nausea, or fatigue. These environmental and multiple chemical sensitivities are considered to be disabilities and, as a result, employees may require workplace accommodation. Not surprisingly, human rights applications arising from scent sensitivity on the basis of disability have recently been advanced in Ontario and other jurisdictions. In this article, Naomi Horrox offers employers a number of tips on how to best handle complaints relating to employees' environmental sensitivity. This article is copyright CCH Canadian Limited and was first published in the monthly CCH newsletter Focus on Canadian Employment and Equality Rights, Volume 9, Number 18, June 2011. It is reproduced with permission of the publisher. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Smells_Like_Human_Rights_Complaint.aspxWed, 01 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Smells_Like_Human_Rights_Complaint.aspx