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Archive for the ‘Employment Law’ Category

Implications of Social Networking at Work

Social networking and blogging are more popular then ever.  Facebook has more than 220 million active users with thousands joining each and every day.  Twitter is growing at an unprecedented speed. There are also the dynamics of popular blogs.  Blogs, particularly those engaged in participatory journalism or main stream media (like Perez Hilton), are more popular then ever.  Newspapers with decades of history are shutting their doors to produce their media content online.  All of these sites provide the average person with their own personal megaphone.

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Black & Decker CEO declines to open his $20.5 Million dollar parachute

This story is great….and the headline certainly sounds great, but I don’t think it will  signal a new era in the way executives look at compensation…but probably not.  Nolan D. Archibald was head of Black & Decker for 24 years. He turned the company around in the 1980’s by cutting costs, improving the quality of its products and increasing sales. This week the company merged with Stanley Works. John Lundgren will be names as CEO of the combined company. John was the CEO of Stanley. Nolan was entitled to open up his $20.5 million dollar golden parachute but he declined

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Wow. Company fined $250,000 after worker killed.

Lockerbie & Hole Eastern Inc was fined $250,000 on September 29, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was killed.They are a Brantford construction firm. On October 3, 2007, the company was providing general site services for the construction of an electrical plant, in Toronto, for SNC-Lavalin Power Ontario Inc.  While installing temporary lighting, an apprentice electrician opened a 600-volt electrical panel and contacted the taps of the live transformer.  The worker was electrocuted. A Ministry of Labour investigation found that the company had an electrical lockout policy in place, requiring electrical

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“I’m impaired and I’m not going to handle machinery right now!”

That is one of the best lines I have read in any employment law case. Cases concerning just cause are always a great argument. It came from the case of John Ritchie v. Richelieu Hardware Canada Ltd. You can read the entire public decision here. The Plaintiff Jon Ritchie claimed damages for wrongful dismissal after being fired on November 24, 2006.  He was employed for approximately 9.5 years with the Defendant, Richelieu Hardware Canada Ltd. The plaintiff was fired after an incident involving him drinking beer with other co-workers. The defendant claimed just cause for the dismissal because of the

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Back to Basics: Record Keeping for employers

Employers: it is the law in Ontario that you are required to keep certain written records about each person that you hire. The employer must also ensure that the records are readily available for inspection. What must you keep? You must retain the employee’s name, address and starting date of employment for three years after the employee stopped working for you. You must keep the employee’s date of birth if the employee is a student under 18. This must be kept for either three years after the employee’s 18th birthday or three years after the employee stopped working for the

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Ottawa construction companies fined a total of 90k for ohsa violations

Urbandale Construction Limited, a residential construction company from Ottawa, was fined $40,000 on September 24, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was injured.  Laren Holdings Inc., carrying on business as Tony Olsen Enterprises, an Ottawa roofing contractor, was fined $50,000 in relation to the same incident. The violations were contrary to Ontario Regulation 213/91, Section 35(2) On June 20, 2008, Urbandale Construction was building residential townhouses with Tony Olsen Enterprises constructing the roofs.  A worker on the roof of one of the townhouses threw a pallet off the roof towards a

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Liquidation world in Brantford fine 18K under health and safety

Liquidation World Inc., an Alberta discount retailer, was fined $18,000 today for a violation of the Occupational Health and Safety Act (OHSA). The violation were breaches of Ontario Regulation 851, Sections 73(a) and 73(b). On September 23, 2008, an inspector visited Liquidation World’s Brantford location as part of the Ministry of Labour’s safety blitz on falls in industrial workplaces.  The inspector found that two workers had been using an unsafe ladder.  The ladder was missing three of its four non-slip feet, and one of its cross-members was broken. Liquidation World Inc. pleaded guilty under the OHSA to failing to ensure

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Physiotherapist fired for staying friends with patient

This is a great case that deals with two familiar but important employment law issues – the classic independent contractor vs employee argument, the alternative of just cause and a defamation law suit. The plaintiff, Ms. Greenland, was terminated from her company, Arvan.  She was a physiotherapist in an old age home.  There was an argument as to whether she was hired as an employee or an independent contractor.  As an employee, her employment contract would be accompanied with implied conditions of reasonable notice, or pay in lieu of reasonable notice, in the event of termination without cause She counter-sued

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The dangers of probationary periods

Some time ago I wrote an article on probationary periods that you can find here. This following case is the perfect example of the dangers of probationary periods. If you want to read the case in it’s entirety you can read it here as a public document. It is contractual issue.  Employers – you should  have a probationary clause that is clear, unambiguous and you must ensure the employee understands it.  You should also never agree to a contract until you get a signature on it. The case below is about a guy that claimed he was offered a job

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Brampton Warehouse and Distribution Company Fined $75,000 After Worker Injured

Millard Refrigerated Services Canada ULC, a Brampton warehousing and distribution facility, was fined $75,000 on September 11, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a young worker was injured. On March 8, 2008, the temporary worker was putting stickers on boxes and manually loading them into a trailer.  While a supervisor was on a break, the worker tried using a stand up lifting device to move the boxes.  While operating the device in reverse, the worker lost control, and it crashed through a closed loading door and fell over, pinning the worker’s leg to

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