Legal
Wrongful Dismissal Damages and Pension Benefits
In IBM Canada v. Waterman, the Supreme Court of Canada (“SCC”) has considered the deductibility of pension benefits from wrongful dismissal damages in a decision that may also have implications for the deductibility of other types of payments.
Damages Reduced for Failure to Accept Recall After Improper Layoff
A British Columbia production supervisor has successfully sued his former employer for wrongful dismissal after he was laid off indefinitely, but the BC Supreme Court reduced the worker’s damages by half because the worker refused the employer’s offer of recall.
What Happens When Small Business Ignores HR Issues
Today, small-business owners frequently hire employees without considering all potential pitfalls. They often make decisions quickly, choosing the path of least resistance. Later, such decisions can have catastrophic results; ensuing legal costs can result in bankruptcy. Even though the following five hypothetical cases don’t specifically involve tourism related businesses, it is important to realize they could!
Managing ‘At-Fault’ Absenteeism
At-fault (or “culpable”) absenteeism refers to when an employee is able to work scheduled shifts, but chooses not to. Most commonly, this is when a staff member calls in sick but is not actually ill. Frequently arriving late is also a type of at-fault absenteeism.
Investing in Industry Certifications Can Benefit Employers and Staff
“Since I’m just going to lose them to someone else, why should I spend any money on recognition or certification for my staff?”
Drug & Alcohol Dependency and the Employer’s Duty to Accommodate
Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.
Legal Issues You Need to Consider in Your Recruiting Process
When starting the recruiting process, it is important to be aware of certain legal issues in order to minimize risk. Job postings, interview questions, checking references and making job offers all need to be done in a way that meets legal requirements.
The Term Contract Trap
There are two types of employment contracts, indefinite and limited-term. The misuse of the latter, and the resulting liability, is a trap into which employers routinely stumble.
Tips for When Hiring Newcomers to Canada
Skilled immigrants are not only new to Canada — they’re new to your organization. A well planned orientation that introduces them to your workplace culture and sets out expectations, helps increase employee retention and productivity.
Use Background Checks to Protect Company Assets
Contacting former supervisors is a common way of learning about an applicant's skills and demeanour. But sometimes you need to be extra careful about whom you trust, and you should go beyond a traditional reference check.