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News and Discussions on Payroll & Employment Law

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How mid-sized organizations can get ahead with workforce analytics

No matter what your company size, the pressure is on for HR to make use of data to respond to business questions and make timely and relevant workforce decisions. HR now knows that using workforce data can lead to more impactful conversations and contributions to the business. For this to happen however, HR needs to develop its analytics capabilities.

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Employers can’t ignore employee signs of disability

When an employer has evidence that an employee has or may have a disability, the law requires the employer to investigate and determine whether the employee needs or wants accommodation.

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Termination was at least in part because of perceived communication difficulties in English

In Liu v Everlink Services Inc, the Ontario Human Rights Tribunal decided that, when a Chinese Canadian employee, Liu, was terminated from his employment, he was discriminated against on the ground of place of origin.

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Introducing our newest guest blogger Vey Willetts LLP

We are very pleased to announce that Andrew Vey and Paul Willetts from Vey Willetts LLP will be blogging on First Reference Talks starting on October 29, 2014.

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Le lien d’emploi survit-il à la faillite?

Afin de protéger les accréditations syndicales et les contrats d’emploi, les législateurs fédéraux et provinciaux ont édictés certaines règles particulières. Une de celles-ci se retrouve à l’article 2097 C.c.Q., lequel vise à protéger le lien d’emploi en cas d’aliénation d’entreprise. Cette disposition d’ordre public s’applique clairement à la vente conventionnelle d’une entreprise ou d’une partie de celle-ci. Qu’en est-il cependant quand une entreprise fait faillite et qu’un syndic ou un séquestre vend l’entreprise?

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with termination notice; return-to-work plan; and, Johnstone family status case.

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Cultivating a culture of gratitude in your organization

There have been a few articles and books recently that have highlighted the importance of culture in an organization. 

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WSIB statements for complex organizations

Most Ontario businesses think their WSIB NEER statement is complicated. They’re right, but consider the statements for larger organizations or those with complex structures that have an organizational statement or multiple NEER statements?

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Thanksgiving Day, public holiday

Thanksgiving Day in Canada occurs on the second Monday in October every year. This year, Thanksgiving Day falls on Monday, October 13.

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the definition of creed; ESA blitz results with internships; and contracts.

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United States Customs and Border Protection designates ports of entry for optimized processing of TN and L-1 status

United States Customs and Border Protection recently announced on its website that, sometime during September 2014, it would begin optimizing processing for first-time Canadian TN and L-1 applicants seeking entry into the United States under the North American Free Trade Agreement. However, it is unlikely that this initiative will significantly alter the way that TN and L-1 cases are adjudicated.

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Internship enforcement update

As we have blogged in the past, in the second quarter of 2014, the Ministry of Labour conducted an enforcement “blitz,” targeting companies in several sectors with intern programs to determine if those programs were being operated in a manner consistent with the Employment Standards Act.

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Performance management of older workers

Given the increasing number of older employees who are choosing to remain in the workplace and the (near) elimination of mandatory retirement, it is increasingly important for employers to ensure that they are engaging in appropriate performance management of older workers. However, employers must make sure that its performance management is carried out in a way that does not trigger liability for age discrimination.

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Family status accommodation: an infographic

Now that the summer is over and the new school year has arrived, employers may be hearing a little (or a lot) more about employees’ family scheduling problems and requests for accommodation.

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Investigations have become an integral part of HR and employment law

Investigations have become an integral part of HR and employment law, and an employee’s conduct in the course of an investigation can be the difference between summary dismissal and some lesser form of punishment.

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