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News and Discussions on Payroll, HR & Employment Law

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Accessibility is a human rights issue

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Accessibility is a human rights issue. When we look at how it is enacted through the Ontario Human Rights Commission, their online trainings, and their policy papers, we can plainly see that this is the case.

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Three popular articles this week on HRinfodesk

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The three popular articles this week on HRinfodesk deal with: An employee’s complaint regarding video surveillance cameras pointed toward her work area without the employer informing her of the installation; an FAQ that looks at an employer’s overpayment of vacation pay on a former employee’s final pay; and the Ontario Ministry of Labour’s plan to conduct targeted employment standards and occupational health and safety blitzes in workplaces across the province over the next year.

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Human Rights Tribunal finds miscarriage constitutes disability

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A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

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Fixed-term fiasco: Employee profits off of termination of term contract #learnthelatest

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Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period.

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Part 1 of 5: Getting started with people analytics, 10 common questions

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For many in HR, getting serious about workforce analytics represents a change to the way things have been. To help navigate this change, we’ve put together answers to 10 of the most common concerns and questions we get asked by HR professionals as they are looking to get started with workforce analytics. In this blog, we’ll cover three of these concerns/questions. Stay tuned for our follow-on blogs that will cover the remaining seven.

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Hiring human resources staff member v. a human resources consultant

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As Human Resources (HR) Consultants, we have often been posed the question: Why should we hire you rather than just hiring an HR employee?

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Earth Day and Water Day 2016: Ensuring corporate social responsibility when it comes to protecting the environment

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In light of Earth Day (celebrated annually on April 22) and World Water Day (celebrated annually on March 22), we thought we would provide employers with a background on the internationally observed days, as well as discuss what can be done to ensure their business is operated in an economically, socially, and environmentally responsible way.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with: A case where an employee filed an Application alleging that he was subjected to differential treatment on the basis of Human Rights Code grounds ; a case where an employer was able to rely on a termination provision to justify the payment made to the employee when he was terminated without cause; and Ontario’s new legislation addressing sexual harassment (Bill 132).

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CIC establishes LMIA exemptions for television and film production workers and performing artists

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Citizenship and Immigration Canada (“CIC”) has announced two new categories of work permits exempt from the Labour Market Impact Assessment requirement, pursuant to Section 205 of the Immigration and Refugee Protection Regulations. These work permits apply to: (1) foreign nationals whose work is essential to a television or film production and would create and maintain significant economic benefits and opportunities for Canadians and permanent residents; and (2) foreign nationals working in dance (i.e. ballet, contemporary), opera, orchestra, and live theatre, whose work contributes to competitive advantages and reciprocal benefits for all Canadians. CIC has also clarified its business visitor guidance to confirm that foreign nationals who are employed as film producers, essential personnel for commercial (i.e. advertising) shoots, and film and recording studio users may now seek admission under the business visitor category.

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Family status protection for infrequent and unexpected childcare obligations #learnthelatest

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A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.

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Ontario introducing new ORPP legislation

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On April 14, 2016, the Ontario government introduced new legislation to launch the Ontario Retirement Pension Plan (ORPP) legislation. Bill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 will ensure that if the Canada Pension Plan (CPP) is not enhanced, Ontario can proceed with the ORPP. However, the Ontario government says […]

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The unpaid internship: Exploitation or opportunity?

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The use of unpaid interns has come under increased media and political scrutiny. Fuelled by horror stories of young interns collapsing under extreme workplace pressures, the issue reached the political agenda. In the summer of 2014, the Ontario Ministry of Labour carried out a highly publicized workplace inspection blitz to determine if intern rights were being respected. Rules governing the appropriate use of interns in Ontario are not new. They had been in place long before the summer 2014 blitz. The rules are set out in section 1(2) of the Employment Standards Act.

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Employers deserve sufficient notice too

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Did you know that employers have a reciprocal right to reasonable notice from an employee who decides to leave the company, especially when it will be difficult to replace them? Did you know that an employer can sue a former employee if sufficient notice was not provided? But, did you also know there may be good reasons not to pursue this course of action?

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The case of the damaged company vehicle: Employer ordered to pay unpaid wages, travel costs, and fee

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In the matter of Step Energy Services Ltd. v. Joe Palmer, the employer appealed an Order of an Employment Standards Officer that required the employer to pay $3,397.22 for unpaid wages that the Officer concluded was owing to the employee.

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Small claims court rules termination clause that violates ESA in future is unenforceable

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This decision is another reminder to employers to ensure that termination clauses provide for all entitlements prescribed by the Employment Standards Act in order for them to be considered valid and enforceable. The company in this case should never have carved out its obligation to provide statutory Severance Pay.

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