Biometric hand scanners vs. religious beliefs: What does the law say?

by Daniel Pugen

In Canada, employers must accommodate their employees’ religious beliefs to the point of “undue hardship” for the employer. But what if you don’t consider an employee’s religious beliefs “mainstream”?

That doesn’t matter, according to a recent decision by an Ontario labor arbitrator.
Following on a Supreme Court of Canada ruling, the arbitrator ruled in 407 ETR Concession Co. and C.A.W.-Canada, local 414 that an employer must accommodate employees’ religious beliefs as long as they are “sincerely held.”

This important decision arises out of an employer’s attempt to implement a new security system that used a biometric hand scanner to identify employees. The arbitrator ruled that the employer failed to properly accommodate three employees who were dismissed for refusing to use the biometric scanners for religious reasons. (more…)

Ontario adds holiday to celebrate families; other provinces may follow

By Daniel Pugen

Following its recent re-election in October, the Ontario provincial government led by Liberal Premier Dalton McGuinty established a new public holiday called “Family Day.” The holiday falls on the third Monday in February each year. Ontario joins the provinces of Alberta and Saskatchewan in creating a public holiday in February.

Ontario now has nine public holidays: (more…)

Managing absences related to injury and illness

by Daniel Pugen

An increasingly difficult task for HR professionals is managing absences related to injury and illness. How far can you go to make an employee prove he or she is legitimately ill or legitimately able to return to work without restriction? The following are some tips to help your Canadian business manage an employee’s absence from work as well as his or her return to work. (more…)

Must-know facts about employment contracts in Canada

Q. When does an employer have an employment contract with its employees?

A. Every employer in Canada has an employment contract, whether written or unwritten, with each of its nonunion employees. Sometimes, only some of the terms are in writing. When necessary, courts will imply reasonable terms in the absence of any express agreement on the issue. (more…)