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News and Discussions on Payroll & Employment Law

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A financial analyst, if a “manager”, is not entitled to overtime in Quebec

The Court of Appeal of Quebec recently considered, in the Skiba v. Playground[1] decision, the issue of overtime pay and, in particular, the correct interpretation of sections 54 and 55 of the Act respecting labour standards. In our opinion, this decision will have certain repercussions in the workplace, and we find it useful to review the factual background giving rise to those repercussions, as well as the conclusions of both the Superior Court and the Court of Appeal.

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Arbitrators should apply ‘privacy spectrum’ to personal information

The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ […]

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.

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Five benefits of workforce analytics that will surprise and delight you

Today, HR Leaders make use of analytics solutions to realize deeper insight into the workforce in order to fuel evidence-based decisions and improve business outcomes. While the most obvious benefits are related to time savings, dollars saved and earned, percentage changes, and proof of ROI, there are less tangible benefits of workforce analytics that leaders often discover after they have started with their solution.

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Privacy class action to proceed

Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]

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Employer-sponsored events: Beware of summer BBQ blunders

So don’t get me wrong, I love staff picnics and BBQs as much as anyone and think they are a great opportunity for staff to bond outside of their regular departments and duties.  In fact as HR it is often both my responsibility and pleasure to help plan these events for my organization!  However when you start to think about what can go wrong from an employer responsibility perspective rather than an employee engagement perspective; you begin to wonder if the prospective summer BBQ will balloon into a colossal blunder.

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Employers’ perspective on recent WSIB headlines

There has been a flurry of articles and editorials in recent weeks regarding changes at the WSIB, many of them critical of what they see as an “anti-worker agenda.”

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a privacy class action lawsuit; the meaning of substantially gainful employment under CPP; and the taxability of forgoing a non-cash gift.

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Psychological harassment: Is Quebec’s employment injury review board also putting an end to the duplication of proceedings?

The decision in Durocher c Commission des relations du travail is yet another indication of how uncomfortable the administrative and civil tribunals are with the duplication of proceedings involving claims of workplace harassment. While some tribunals will apply the principle of res judicata, others will draw on various theories to try to end the abusive use of legal resources.

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Canadian government announces changes to the Temporary Foreign Worker Program

On June 20, 2014, the Jason Kenney, Minister of Employment and Social Development, and Chris Alexander, Minister of Citizenship and Immigration, announced significant changes to Canada’s Temporary Foreign Worker Program. Under the new structure, the Labour Market Opinion will now be replaced by the Labour Market Impact Assessment (“LMIA”). LMIA-exempt foreign workers will become part of the newly-named International Mobility Program. The Temporary Foreign Worker Program will include only workers who require an LMIA.

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

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Post-treatment agreements and accommodating alcoholism

A recent arbitrator’s decision concerned the enforceability of a pre-treatment agreement allowing an employer to terminate a unionized employee if he failed to abstain from the consumption of alcohol.

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The Wal-Mart saga: one more chapter

On June 27th, the Supreme Court of Canada released a decision in the Wal-Mart saga that will have a major impact on employment law in Quebec.

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Une étape de plus dans la saga Wal-Mart

La Cour suprême du Canada a rendu le 27 juin une décision dans la saga Wal-Mart qui aura un impact majeur sur les relations de travail au Québec.

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Wrongful dismissal law: Summary judgment motions – the way of the future

Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.

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