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Inside Internal Controls

News and discussion on implementing risk management

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Payroll and Personnel Management

Is it about managing risk?

Managing risk absent the context of your objectives leads you to manage what may be irrelevant and miss what may be crucial.

 

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High-profile sexual harassment claims show a toxic culture can be a product defect

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value of my company’s brands, or the company itself?

 

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Indecent proposal? Whether and how to ask existing employees to sign new employment contracts

Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee. Some will sign without issue, while others will refuse to do so.

 

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BCCA eyes enforceability of restrictive covenant in IRIS appeal

Restrictive covenants are often a key component of employment agreements and commercial transactions. Enforceability, however, can be challenging, especially in the employment context

 

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Employee misconduct and social media

As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship.

 

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When federal insolvency laws and provincial labour laws collide

The intersection between insolvency law and labour law has long created a struggle between balancing the rights of employees and maintaining a mechanism for restructuring or liquidating distressed companies.

 

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No priority for pension claims in Wabush CCAA

Wabush is a welcome decision for third-party lenders to companies with defined benefit pension plans, and employers who sponsor defined benefit pension plans who may have had issues in accessing capital as a result of the SCC decision in Indalex.

 

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Conducting an internal investigation? Here are 4 things to consider

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Many internal investigations (such as harassment claims, fraud, misuse of company assets, etc) often involve the use of digital devices and may require a forensic analysis of those devices to find evidence of an employee’s actions.

 

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What HR needs to know about investigating an employee’s digital activity

You’ve been asked to review the digital activity of an employee. Your company has some concerns, and wants you to investigate. With the amount of enterprise-level technology and controls that most companies now have, shouldn’t that be fairly straightforward?

 

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Overtime and Oxford Commas: The $10M punctuation mark

Drafting any kind of contract requires a careful consideration of both wording and punctuation. Unions should ensure that their collective agreements are unambiguous and watertight.

 

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Don’t encourage employees to speak up if you’re not ready to listen

Competition law

Take a moment to think through your incident intake process. Is there a light at the end of the tunnel for employee reporters? Can they tell that you’re listening and responding? If not, it’s time to show employees that you’re as invested in a listen-up culture as you are in creating a speak-up culture.

 

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Investigator plus lawyer = privilege?

There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.

 

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Is a subcontractor a successor or related employer for labour relations purposes?

In a recent decision, Molson Coors Canada, the Ontario Labour Relations Board (the “Board”) held that the subcontracting relationship between Molson Coors Canada (“MCC”) and Sherway Warehousing Inc. (“Sherway”) did not amount to a sale of business nor were MCC and Sherway related employers under the Labour Relations Act (“LRA”).

 

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Reducing legal expense in wrongful dismissal actions

Litigation expenses continue to increase to the point that many cases are uneconomic for dismissed employees in that the potential legal expenses are greater than the potential recovery. Employers sometimes end up paying more for legal fees than they could have paid to settle the case.

 

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20 questions to ask when prioritizing your policy development efforts

Having too many policies can burden your organization, but having too few exposes it to unnecessary risk. That means we need to prioritize which policies we will develop (or revise) first.

 

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