February 2017 newsletter of HR tips

Canada adds 48,300 jobs in January (from the Canadian HR Reporter)

Jobless rate falls to 6.8 per cent

DOUG PORTER, CHIEF ECONOMIST, BMO CAPITAL MARKETS

"It was yet another relatively strong and upbeat report. Overall, from a big picture standpoint, it just continues to show that the job market seems to be reviving. It remains to be seen whether it will be enough to keep bringing down the unemployment rate." As the labour market turns from an employer's market to an employee's market recruiting might become difficult as employer's compete for the best candidates.
To read the full report follow this link:

Donaldson Travel Inc. v. Murphy et al: Non-solicit, disguised as non-compete, struck down

It is an ongoing battle: employers want to protect their customer base and their business, and individuals want to be able to earn a living. Many employers are shocked to learn that in the absence of a contractual restriction, their salespeople are free to join a competitor and pursue their clients. For that reason, restrictive covenants are a frequent battleground, as employers routinely try to push the envelope and see how broadly they can restrict the actions of their former employees. Read the full case by clicking on the title.

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An Ontario judge recently awarded 10 months' reasonable notice, $60,000 in moral damages, and $25,000 in damages under the Human Rights Code to an employee who was subjected to a poisoned work environment and terminated after an inadequate investigation into her harassment complaint.

In 2010, Ontario enacted Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, which requires employers to develop and implement policies and procedures to curb workplace violence and harassment. Zochem Inc. engaged a third party to conduct a workplace assessment and identify any issues of concern. During the process, an employee disclosed the harassment. She hoped that the new legislation would help her by improving the workplace, but without losing the Maintenance Supervisor’s support or risking her job. The third party concluded that Zochem had a culture of intimidation, bullying, and verbal abuse; 40 per cent of its employees were concerned about violence and harassment in the workplace. The accompanying report made recommendations that Zochem implement sensitivity training to address acceptable and unacceptable conduct in the workplace. There was no evidence that the recommendations were ever implemented. Read the full case here. Last year Ontario enacted Bill 132 which is an updated version of Bill 168. The Ministry of Labour can order you to do a thorough investigation (in fact I recently saw the orders on a business' bulletin board). If you think you might need some help with an investigation call us.