Bandhu Law Professional Corporation
2275 Upper Middle Road East L6H 0C3 Oakville, ON, Canada

In a complaint to the BC Human Rights Tribunal earlier this year, Sandeep Sull accused a PayPal customer service representative of racial discrimination during a phone call, claiming he was called a damn Paki by the agent. #workplaceinvestigation #bandhulaw

Companies of all sizes should have ongoing access to an experienced employment lawyer. The prudent person doesn’t ignore a health concern until it becomes serious enough to call an ambulance. It’s no different with your business. Taking steps to avoid workplace issues can protect the bottom line. Here is a recent blog from Rishi Bandhu on how an employment lawyer can provide guidance at all stages of the employment relationship beginning with employment contracts, particularl...y ensuring that termination clauses are valid and enforceable. #bandhulaw #employmentlaw #hrlaw #labourlaw #employmentlawyer #employers #employees #EmploymentContracts #hradvice #termination #hrpolicies #legaladvice https://www.blpc.ca//seeking-legal-advice-in-employment-i/

Are WSIB payments deductible from severance payments? What about the CERB? A Court of Appeal decision from 1997 held that WSIB benefits are deductible from common law severance (i.e. reasonable notice) payments. The reasoning is that the combination of WSIB benefits and severance would represent double recovery for the employee. An interesting issue is whether or not the CERB is deductible from severance payments. ... The Government of Canada’s website states that severance does not affect eligibility for the CERB. As a result, severance payments would not trigger a CERB repayment obligation, unlike EI benefits which are repayable. But what about the converse? Should the employer be able to deduct CERB amounts from severance payments? If WSIB benefits are deductible from severance payments, it makes sense that CERB payments should also be deducted. A court will eventually clarify this issue. #Employmentlaw #employmentlawyer #hrlaw #bandhulaw #labourlaw #CERB #severance #WSIB #employees #employers #termination #EMPLOYMENTINSURANCE

New regulations around workplace harassment and violence, and employment equity are now in effect for federally regulated workplaces. The anti-harassment and violence legislation requires employers to conduct a workplace assessment, develop a workplace harassment and violence prevention policy, develop and implement violence and harassment training, and establish a thorough process for dealing with incidents. #bandhulaw #employmentlaw #hrlaw #labourlaw #humanrights #workplaceinvestigations #employmentequity #workplacetraining

Join Rishi Bandhu at this up coming webinar hosted by APICS Toronto Chapter for the members of Association for Supply Chain Management. Non-Members are also welcome to join. Attendees will learn about the statutory and common law requirements at the time of termination of employment, including notice of termination, severance requirements, resignation requirements, and post-termination obligations of employees. #bandhulaw #employmentlaw #hrlaw #labourlaw #humanrights #workplaceinvestigations #employmentlawyer #employeerights #employerobligations #hradvice

Human rights laws require employers to accommodate an employee’s religious beliefs and practices. Does the accommodation obligation extend to adherents of Pastafarianism, who wear a colander on their heads in observation of their religion and the Church of the Flying Spaghetti Monster? Quite possibly.... As amusing as it sounds, legal battles over the right to wear the colander in driver's licences are taking place around the Globe. #employmentlaw #bandhulaw #employmentlawyer #hrlaw #labourlaw #humanrights #pastafarianism #pastafarian

Middle income Canadians to take bigger hit when CPP premiums go up Friday because of the pandemic, says CFIB https://financialpost.com//c273baa0-5a9b-444e-a91c-a6/amp/ #COVID19 #CPP #Canadians #pandemic #canadianpensionplan #higherpremium

Nearly 700 Walmart employees across Canada have tested positive for COVID-19 this month, illustrating the challenge of suppressing the virus in workplaces that continue to operate under government restrictions. #workplacesafety #publichealth #employmentlaw #lockdown #covid19 https://www.theglobeandmail.com//article-lack-of-transpar/

Companies need to recognize that even when employees are working from home, Employment Standards Act regulations are still in force when it comes to the definition of work, hours and overtime. Click below to read the article by Rishi Bandhu #bandhulaw #hrlaw #employmentlaw #labourlaw #employmentlawyer #hrmanagement #BusinessManagement #employees #employers #business #COVID19 #healthandsafety #WFM #workfromhome #remotework https://legalmatterscanada.ca/employers-should-have-a-poli/

With many parts of the world faced with anti-racism protests, one Canadian insurer is offering employees an app-based diversity and inclusion tool to combat prejudice. #diversityandinclusion https://www.hrreporter.com//diversity-app-rolls-out/335304

#bandhulaw #humanrightslaw #employmentlaw #labourlaw #hrlaw

Driven by Results, not Fees! Thank you Igal for your gracious feedback, trust and loyalty #TestimonialTuesday #bandhulaw #employmentlawyer #employmentlaw #hrlaw #labourlaw #clientlove #clientfirst #clientfeedback

#remembranceday #lestweforget

Every October, Small Business Week pays tribute to the entrepreneurs who contribute so much to our communities. They provide well paying, local jobs within our towns and cities. They bring energy, vibrancy and uniqueness to our streets. Small business is the backbone of our economy. With COVID-19 taking a significant toll on small business owners, there’s never been a better time to highlight their spirit of resiliency and celebrate their achievements. I stand with them durin...g this challenging time. That’s why we’re marking Small Business Week 2020 by offering a free HR law consultation to any small business employer in Oakville. BDC Halton Region Town of Oakville Downtown Oakville Bronte Village BIA Oakville Kerr Village Halton Business Rishi Bandhu Oakville Chamber of Commerce #bandhulaw #employmentlaw #hrlaw #labourlaw #SmallBusinessWeek #smallbusinessowner

Dream with ambition, lead with conviction, and see yourself in a way that others might not see you, simply because they’ve never seen it before. Vice President - Elect, Kamala Harris #womeninpolitics #USElection2020 #firstblackwomanvicepresident #diversityandinclusion #rolemodel

Winter will soon be upon us and when we’re locked in the grips of bitterly cold weather, many Canadians start contemplating a sandy beach in a warmer climate. But before you book your Jamaican holiday make sure your boss has approved your plans, advises employment lawyer Rishi Bandhu #bandhulaw #employmentlaw #hrlaw #winterblues #employmentlawyer #hrmanagement #employees #employment #employers https://legalmatterscanada.ca/thinking-about-heading.../

Having an impressive job title may not hold much sway in a severance dispute. In a recent decision, an Ontario Superior Court ruled that a title without substance is not sufficient to attract longer notice periods normally reserved for senior managers and executives. BLOG BY: RISHI BANDHU... #employmentlawyer #bandhulaw #hrlaw #HR #labourlaw #employmentlawyer #hrmanagement https://legalmatterscanada.ca/a-job-title-is-not-always-th/

#DidYouKnow - Last year, Canadian Human Rights Commission accepted highest number of complaints in a decade. The statistics outlined break down those complaints in 2019 that the Commission was able to mediate, investigate or litigate because they met the criteria outlined in Canadian Human Rights Act. Source: Canadian Human Rights Commission #humanrights #bandhulaw

Starbucks Ties Executive Pay to 2025 Diversity Targets https://amp.usatoday.com/amp/3650826001

Keeping kids in school is proving key to Canadian job recovery https://www.bnnbloomberg.ca/back-to-school-drives-surprisin

Happy Thanksgiving! #bandhulaw #thanksgiving2020

Happy Friday and have a great long weekend everyone! #FridayFunny

Can an employer randomly test employees for alcohol and drug use? In the unionized world, random alcohol or drug testing programs are likely invalid even in safety sensitive workplaces. Human rights principles and employee privacy interests preclude random testing. Random testing may be permitted if there is a pervasive culture of substance abuse in a safety sensitive workplace, but this is difficult to prove. In non-union settings, privacy rights are not as strong so rando...m alcohol testing may be permissible provided the employer accommodates employees who test positive. Random drug testing is not permissible because such tests are incapable of reliably detecting impairment. Coupling a positive test with automatic discipline is discriminatory. Safety sensitive workplaces, unionized or not, may test where there are reasonable grounds to suspect impairment, as part of a rehabilitation program or where there has been a workplace accident or near-miss. Given the legalization of cannabis, should employers have greater control to test for substance impairment in order to prevent workplace accidents? #EmploymentLaw #HR #hrlaw #workplacesafety #employmentlawyer #employe#employees #bandhulaw #labourlaw #HR101

Protect yourself when inheriting workers during a business sale. Blog by: Rishi Bandhu #EmploymentLaw #employmentlawyer #hrlaw #bandhulaw https://legalmatterscanada.ca/protect-yourself-when-inheri/

#employmentlaw #hrlaw #contracts

In the fall of 2018, at dinner with my neighbours Darryl Wright and Jenny Wright, Darryl suggested we do the Muskoka Half Ironman together, the following summer. Darryl had done several before, but I just wasn’t that kind of athlete. I laughed, but he persisted. Despite my doubts, I signed up and started training. Life, more self-doubt and the occasional negative comment often interfered, but I did the training and completed the event. To say it was physically and mentally ta...xing would be an understatement, but I did it. The soreness left after a few days and I was left with a new found optimism and confidence in myself. If I could do that, I could do anything. The Muskoka Half Ironman changed my life and I’m forever grateful to Darryl for opening that door for me. We only do amazing things with the inspiration and help of others. #thankfulthursday

Can an employee sue the employer for injuries sustained at work? In most situations, no. The Workplace Safety and Insurance Act provides a comprehensive and exclusive system of compensation for employees injured in the workplace. Employers pay premiums under the Act and, in return, are protected from lawsuits for workplace injuries. If an employee does sue for a workplace injury, the employer may apply under the Act to bar the claim from proceeding.... Employees are also prohibited from suing for injuries caused by workplace bullying and harassment. A recent and controversial decision of the Workplace Safety and Insurance Tribunal (1227/19R) confirmed an earlier decision to bar an employee’s claim for constructive dismissal due to claims of ongoing harassment causing mental distress. As the alleged injury was workplace related, the employee’s right to sue was taken away and she was required to proceed with a compensation claim under the Act. #employmentlaw #hrlaw #bandhulaw #labourlaw #employmentlawyer #hrlaw #employment #employees #employers