Article
Published23 February 2016
The Atticus Brief: Restrictive covenants, discrimination based on creed and more
The Atticus Brief offers short reports on matters of interest to employers and human resources professionals. Suggested topics and comments can be sent to David Law at david.law@gowlingwlg.com
For the week of February 22, 2016
Restrictive Covenants
This month the Alberta Court of Queen’s Bench found that a non-solicitation clause was not binding on an ex-employee, because it was “over broad.” The problem: the clause restricted an employee from soliciting customers he had not known or dealt with while an employee. That was too broad, the Court ruled. See the Specialized Property Evaluation Control Servicesdecision here.
Discrimination based on Creed
The Ontario Human Rights Commission issues policy guidance on interpreting the Human Rights Code. The Commission recently published new guidance about discrimination against a person based on “creed.”
Creed is often understood to mean “religion” but the Commission says it means more than that:
Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life. The following characteristics are relevant when considering if a belief system is a creed under the Code. A creed:
The Commission goes on to say that “ organizations should generally accept in good faith that a person practices a creed, unless there is significant reason to believe otherwise, considering the above factors.”
The psychology of getting fired
The Harvard Business Review published, for sharing on the internet, a brief but worthwhile article on the psychological dynamics of firing an employee.
Police Record Checks
Ontario employers doing a record check on prospective employees should be aware of the newPolice Records Check Reform Act which makes it more complicated and hazardous to make hiring decisions predicated on a person’s past record. See the new act here.
OHSA Penalties
An Alberta employer convicted of occupational health and safety violations was handed an extraordinary sentence: community service. View the case here.
Who regulates employment law in First Nations?
The Supreme Court of Canada is receiving applications for leave to appeal in the Nishnawbe Police case. In October 2015 the Federal Court of Appeal found that the labour relations of the Nishnawbe Police are provincially regulated, not federally regulated. This has significant implications for the regulation and practice of employment and labour law in First Nationscommunities and enterprises. See Gowlings’ Aboriginal Group article here.
AODA in Ontario: the new Rules
A further reminder to Ontario organizations that on January 1, 2016, new accessibility rules came into effect.
For the week of February 22, 2016
Restrictive Covenants
This month the Alberta Court of Queen’s Bench found that a non-solicitation clause was not binding on an ex-employee, because it was “over broad.” The problem: the clause restricted an employee from soliciting customers he had not known or dealt with while an employee. That was too broad, the Court ruled. See the Specialized Property Evaluation Control Servicesdecision here.
Discrimination based on Creed
The Ontario Human Rights Commission issues policy guidance on interpreting the Human Rights Code. The Commission recently published new guidance about discrimination against a person based on “creed.”
Creed is often understood to mean “religion” but the Commission says it means more than that:
Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life. The following characteristics are relevant when considering if a belief system is a creed under the Code. A creed:
- Is sincerely, freely and deeply held
- Is integrally linked to a person’s identity, self-definition and fulfilment
- Is a particular and comprehensive, overarching system of belief that governs one’s conduct and practices
- Addresses ultimate questions of human existence, including ideas about life, purpose, death, and the existence or non-existence of a Creator and/or a higher or different order of existence
- Has some “nexus” or connection to an organization or community that professes a shared system of belief.
The Commission goes on to say that “ organizations should generally accept in good faith that a person practices a creed, unless there is significant reason to believe otherwise, considering the above factors.”
The psychology of getting fired
The Harvard Business Review published, for sharing on the internet, a brief but worthwhile article on the psychological dynamics of firing an employee.
Police Record Checks
Ontario employers doing a record check on prospective employees should be aware of the newPolice Records Check Reform Act which makes it more complicated and hazardous to make hiring decisions predicated on a person’s past record. See the new act here.
OHSA Penalties
An Alberta employer convicted of occupational health and safety violations was handed an extraordinary sentence: community service. View the case here.
Who regulates employment law in First Nations?
The Supreme Court of Canada is receiving applications for leave to appeal in the Nishnawbe Police case. In October 2015 the Federal Court of Appeal found that the labour relations of the Nishnawbe Police are provincially regulated, not federally regulated. This has significant implications for the regulation and practice of employment and labour law in First Nationscommunities and enterprises. See Gowlings’ Aboriginal Group article here.
AODA in Ontario: the new Rules
A further reminder to Ontario organizations that on January 1, 2016, new accessibility rules came into effect.
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