RSS Feed for Albertajobcentre.ca - HR Resources Articles - Legal Ease http://www.albertajobcentre.ca/re/hr-centre/hr-tools/legal-ease en-ca Copyright (c)2010 BC Jobs Online Inc. All Rights Reserved support@bcjobs.ca In BC, the Premier’s Council on Aging and Seniors’ Issues has recommended the abolishment of mandatory retirement. If put into effect, this recommendation would see the removal of the portions of the BC Human Rights Code preventing persons aged 65 or older from complaining of age discrimination. http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/abolishing-mandatory-retirement-poses-challenges-for-employers http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/abolishing-mandatory-retirement-poses-challenges-for-employers Thu, 18 Dec 2008 12:59 Followers of court decisions might be forgiven for thinking that large damage awards given by lower courts tend to be overturned by the courts of appeal. This is, in fact, often the case and perhaps that’s the way the system should work (lower courts stretching the boundaries of previous decisions and the higher courts stepping in when the limits have been stretched too far). http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/damages-for-loss-of-career-confirmed- http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/damages-for-loss-of-career-confirmed- Thu, 18 Dec 2008 13:00 Terms of employment established when an employee starts a job don’t always suit an employer’s later needs. Employers frequently want to change terms of employment. http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/terms-of-employment--giving-notice-to-changes-to-employment-terms http://www.albertajobcentre.ca/re/hr-resources/legal-ease/human-resource-advice/terms-of-employment--giving-notice-to-changes-to-employment-terms Thu, 18 Dec 2008 13:01 How much notice do employees legally need before you can lay them off? Although many people think two weeks is the legal standard, Canadian common law for employment outlines termination notice in detail. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/length-of-tenure-influences-notice-entitlement http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/length-of-tenure-influences-notice-entitlement Thu, 18 Dec 2008 13:03 Wrongful dismissal cases often lead to debate over the legality of a severance formula set out in an employment contract. In most cases, the former employee argues the severance formula should be disregarded while the employer argues for keeping it. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/onerous-terms-not-necessarily-unconscionable http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/onerous-terms-not-necessarily-unconscionable Thu, 18 Dec 2008 13:04 Restrictive covenants are often utilized by employers to govern the post-employment activities of key employees. The employer seeks to protect itself from damage imposed by former employees engaging in competitive business activities. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/restrictive-covenants-subject-to-limits http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/restrictive-covenants-subject-to-limits Thu, 18 Dec 2008 13:05 The recent introduction of so-called privacy legislation is having a ripple effect on employers' human resources practices. One of these effects is the now frequent demand by employees to see the contents of their personnel file. http://www.albertajobcentre.ca/content/index.cfm?objectid=23C1AEEF-A126-FDC8-8F085109CD1211E1 http://www.albertajobcentre.ca/content/index.cfm?objectid=23C1AEEF-A126-FDC8-8F085109CD1211E1 Thu, 18 Dec 2008 13:07 The application form is an under-utilized tool for screening out undesirable applicants. Many employers treat it as a way to obtain contact information for the applicant and little more. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/application-forms-are-useful-screening-tools http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/application-forms-are-useful-screening-tools Thu, 18 Dec 2008 13:08 Perhaps the best weapon in an employer’s arsenal to screen applicants is the probation period. In my experience, it is also one of the least used and least understood. http://www.albertajobcentre.ca/content/index.cfm?objectid=23C8B9E3-C406-F2AB-22EDEE75249D1BD8 http://www.albertajobcentre.ca/content/index.cfm?objectid=23C8B9E3-C406-F2AB-22EDEE75249D1BD8 Thu, 18 Dec 2008 13:09 The moment of offering employment is one of the most important in the employment relationship. It is also one of the most poorly utilized by employers. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/use-the-proper-method-for-offering-employment http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/use-the-proper-method-for-offering-employment Thu, 18 Dec 2008 13:09 I suspect that most employers struggle, occasionally, with the question of whether an employee has resigned from employment. I know that I am often called on to provide advice on this subject. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/when-is-a-quit-not-a-quit http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/when-is-a-quit-not-a-quit Thu, 18 Dec 2008 13:14 As surely as the sun will rise each day, employees will form personal relationships with co-workers. Some employers frown on such relationships and attempt to take preventative steps. The degree to which the employer can lawfully intervene to restrict such relationships, however, is limited. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/employers-should-step-lightly-in-restricting-offices-romances http://www.albertajobcentre.ca/re/hr-centre/legal-ease/hr-tools/employers-should-step-lightly-in-restricting-offices-romances Thu, 18 Dec 2008 13:15 Your organization could wind up with a huge financial liability if you’ve mislabelled employees as contractors. Find out your legal obligations and the respective status of both groups. http://www.albertajobcentre.ca/re/hr-centre/legal-ease/human-resource-advice/employee-or-independent-contractor http://www.albertajobcentre.ca/re/hr-centre/legal-ease/human-resource-advice/employee-or-independent-contractor Thu, 18 Dec 2008 13:17 Hiring older workers seems to be part of an employer bandwagon. The shiny, new era of the elimination of mandatory retirement policies in British Columbia is but a few weeks old. That legal change seems to have come at an opportune moment for older workers. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/hiring-older-workers--a-legal-perspective http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/hiring-older-workers--a-legal-perspective Thu, 18 Dec 2008 13:18 Restrictive covenants can be tricky. Most of the difficult issues in employment law have been ironed out by the courts. That is the inevitable effect of hundreds of decisions by judges every year touching on all aspects of the employment relationship. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/restrictive-covenants-face-uncertain-interpretation http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/restrictive-covenants-face-uncertain-interpretation Thu, 18 Dec 2008 13:19 I’m not a fan of the phrase, “economic meltdown”. It’s an exaggeration of the negative aspects of the current economic climate and, in Chicken Little fashion, ignores all the positives. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/employers-and-employees-can-weather-the-storm http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/employers-and-employees-can-weather-the-storm Mon, 23 Feb 2009 12:10 Samuel Culbert is a professor of management at the UCLA Anderson School of Management in Los Angeles. Culbert recently published an article in the Wall Street Journal entitled, “Get Rid of the Performance Review!”. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/banish-the-performance-review http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/banish-the-performance-review Tue, 17 Mar 2009 10:22 In this period of economic decline, many employers are faced with the need to restructure their workforce. Unfortunately, imposing unilateral changes upon employees raises the risk of constructive dismissal claims. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/managing-the-risk-of-constructive-dismissal http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/managing-the-risk-of-constructive-dismissal Fri, 22 May 2009 10:26 When it comes to the workplace, it’s fair to say the employer has the authority to take some liberties in monitoring the activities of employees. According to an Ontario judge, surreptitiously spying on a manager isn’t one of them. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/spying-boss-poisons-workplace http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/spying-boss-poisons-workplace Mon, 20 Jul 2009 12:08 The U.S. National Transportation Safety Board has reported that, at the time of a recent mid-air collision between an airplane and a helicopter, the air traffic controller was making a personal telephone call. The crash killed nine people and is an example of what can happen when an employee is engaged in personal business rather than focused on work duties. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/getting-employees-off-the-telephone http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/getting-employees-off-the-telephone Fri, 28 Aug 2009 10:35 As surely as kids heading back to school and Christmas decorations appearing (too early) in stores, September brings annual projections of pay increases for the following year. These projections can – if used in a considered fashion - be a useful guideline as your business approaches its yearly pay review process. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/sorting-through-annual-pay-increase-projections http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/sorting-through-annual-pay-increase-projections Fri, 25 Sep 2009 07:34 The recent Report Following a Public Interest Investigation respecting the death of Robert Dziekanski relied heavily on video evidence produced by a bystander. I’m thinking employers should get accustomed to facing such evidence of the actions of their staff. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/-video-evidence-of-employee-conduct-is-here-to-stay http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/-video-evidence-of-employee-conduct-is-here-to-stay Mon, 21 Dec 2009 09:27 Now that we’re into the first January of a new decade, it’s as good a time as any to assess how we perform our jobs on a day-to-day basis. Human resources managers are no different, and here are my five suggestions of things they might consider trying in 2010 http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/new-year-s-resolutions-for-human-resources http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/new-year-s-resolutions-for-human-resources Tue, 26 Jan 2010 09:19 According a recent article by Randy Shore, published in the Vancouver Sun, the Insurance Corporation of British Columbia (ICBC) has implemented a policy banning consumption of alcohol by employees during the work day. Unfortunately for ICBC, its work day includes a lunch period for which employees are not paid. http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/no-pint-of-beer-at-lunch-for-you http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/no-pint-of-beer-at-lunch-for-you Mon, 26 Apr 2010 09:59 A waitress in North Carolina recently found herself looking for work after posting a complaint about customers on her Facebook page. This is just the latest example of the increasing impact of technology on the employment relationship http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/technology-s-impact-on-the-employment-relationship http://www.albertajobcentre.ca/re/hr-resources/human-resource-advice/legal-ease/technology-s-impact-on-the-employment-relationship Thu, 27 May 2010 07:28