Employment Law Solutions, 2nd Edition
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Product description
This aptly titled book is practical, easy-to-use, and examines a wide range of employment law issues relevant to the Canadian work force. Bringing together over 25 years of employment law experience, this text provides commentary and analysis that addresses the concerns that employment lawyers, in-house counsel, and clients clients face on a day-to-day basis. Revised and updated, the second edition is structured as a collection of essays grouped into four main topics covering all aspects of the employer-employee relationship:
- Beginning the employment relationship
- The employment relationship
- Ending the employment relationship
- Practical tips
This Book Will Help You
- Adhere to best practices while hiring employees and drafting employment contracts
- Manage workplace violence and harassment
- Comply with workplace safety standards
- Understand employers' duties towards employees
- Identify risks when considering termination
- Save time in your employment law research by referring to this comprehensive, yet practical reference source
- Advise clients on compliance with relevant Acts that apply to the workplace
- Deal with employment law issues quickly and early in the process
What's New in This Edition?
- Completely revised and updated material in all sections
- New chapter on employment background checks
- New chapter on inducement during recruiting
- Updated content on harassment in the workplace
- New chapter on Occupational health and safety training
- New content on privacy in the workplace
- Extensive content on termination for cause
- New ‘practical tips' section providing industry best practices
An Essential Resource
- HR professionals – practical tips by learning to spot employment issues before they become real problems with advice from legal experts on HR best practices
- In-house counsel – provides guidance on common employment law issues that employers face on a day-to-day basis
- Employment lawyers – save time on research, and stay up-to-date on the latest employment law practices with references to precedent-setting case law
- Law libraries – a valuable reference source for any law library looking to enhance its employment law collection
Table of contents
PART 1: BEGINNING THE EMPLOYMENT RELATIONSHIP
1. Employment Background Checks Primer
2. Requesting Birth Certificates and Driver's Licences Prior to Interviews
3. Inducement during Recruitment
PART 2: THE EMPLOYMENT RELATIONSHIP
4. Leaves under the Employment Standards Act, 2000
5. Occupational Health and Safety Awareness Training
6. Bill 168: Violence and Harassment in the Workplace
7. Bill 132: Sexual Violence and Harassment in the Workplace
8. Bill 18: The Stronger Workplaces for a Stronger Economy Act
9. Employee Privacy with Respect to Medical Information
10. Obtaining Production of Employee Personal Cell Phone Records
11. Employee's Right to Privacy on Workplace Computers
12. Searches in the Workplace – What Employers Need to Know
13. Random Drug and Alcohol Testing in the Workplace
14. The Scope of an Employer's Duty to Accommodate
15. The Availability of Tort Claims for Employees
16. Guidelines on Discrimination on the Basis of Mental Health
17. Employer Obligations with Respect to Assignment Employees
18. Unpaid Interns
19. Dependent Contractors
20. The Poisonous Work Environment
PART 3: ENDING THE EMPLOYMENT RELATIONSHIP
21. Terminating an Employee for Just Cause: Dishonesty
22. Terminating an Employee for Just Cause: Absenteeism and Lateness
23. Terminating an Employee for Just Cause: Incompetency
24. Terminating an Employee for Just Cause: Employee Complaint Letter
25. Terminating an Employee for Just Cause: Social Media
26. Terminating an Employee for Just Cause: Facebook Posts
27. Terminating an Employee for Just Cause: Employer Circumstances and Potential for Harm
28. The Significance of Progressive Discipline and the Duty to Act Honestly in the Manner of Dismissal
29. Honesty, Good Faith and Constructive Dismissal
30. Severing Executive Ties
31. Frustration of Contract Due to an Employee's Illness
32. Termination Clauses and Employee's Duty to Mitigate
33. Fixed Term Contracts and Employee's Duty to Mitigate
34. Employers can be Held Liable for Long-Term Disability Benefits
35. Make Sure Your Release Stands Up in Court
36. Human Rights Damages in Wrongful Dismissal Cases
PART 4: PRACTICAL TIPS
37. Keeping in Line on Overtime
38. Do You Really Need to Conduct an Investigation?
39. How to Limit Employer Liability during the Holiday Season
40. Employers Should Assess Workplace Violence Plans
41. Defining the "Workplace" Under the Occupational Health & Safety Act
42. Is the Flu a Disability under the Human Rights Code?
43. The Tort of Intrusion upon Seclusion may Impact Employers
44. Psychological Disorders
45. Court Casts Doubt on the Enforceability of Standard Termination Clauses
46. Facebook Post Breaches Confidentiality Agreement
47. Breaching a Non-Compete Does not Nullify a Settlement
48. Non-Solicitation Clauses
49. Imperfections of a Notice Period
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