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News and Discussions on Payroll, HR & Employment Law

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Working through the notice period

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Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.

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February 8 deemed Family Day in British Columbia

Family Day is a statutory (public) holiday that is celebrated, in British Columbia (BC), the second Monday in February each year. In 2016, Monday, February 8 has been deemed Family Day in BC.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with WSIB experience rating changes; changing the term of an employment contract and duress; and, private health services plans.

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New limits on criminal records checks

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The Ontario Government has passed legislation which imposes new restrictions on criminal record checks. All employers that rely on such checks should take note.

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Severance limiting clauses CAN work especially in employment agreements

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A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.

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Tipping is not a city in China, it is now a regulated practice in many provinces

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On December 7, 2015 Ontario passed an amendment to its Employment Standards Act to protect employees’ tips from being usurped by business managers and owners. The amendment will come into effect six months after it receives Royal Assent. In most provinces, tips and gratuities are specifically excluded from the definition of “wages” in employment standards laws…

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White privilege and disability

Only recently has the subject of white privilege come under scrutiny. White privilege has informed government, policy, relationships, youth, old age, trajectories of state bodies and even points in geo-political history. Like racial narratives, constructs that reproduce normality have allowed the concept of being able bodied to be viewed as positive and disability as negative.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.

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Family status under the Code: Recent developments

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The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.

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Should employers talk about mental health in the workplace?

Recent news in the media has highlighted competing perspectives on mental health, one story focusing on the importance of mental health privacy, and the other campaigning for speaking out about mental health. Wednesday Jan 27, 2016 has been designated as the Bell Let’s Talk day, meaning let’s talk about mental illness, as part of Bell’s multi-year campaign around the issue. This seems in contrast to a recent human rights decision about student mental health privacy rights at York University.

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What’s new in Canadian payroll for 2016?

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This year there are big changes to income tax thresholds in Alberta and federally (in force January 1, 2016), new source deduction remittance rules, increased minimum wages, a reduced TFSA limit, updated record of employment requirements and other important changes for 2016…

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Three CHRO hot topics – 2 of 3

In this second blog topic, we’re going to look at CHRO Hot Topic #2: There’s a shift underway in the Engagement space. From what I can see, there are a number of forces at play in the engagement industry.

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Legislative changes in Ontario to protect foreign workers

As of November 20, 2015, changes to Ontario’s employment laws came into effect with the aim of better protecting precarious and foreign workers.

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Three popular articles this week on HRinfodesk

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Three popular articles this week on HRinfodesk deal with AODA January 1, 2017 compliance deadline; performance based incentives; and, the use of medical marijuana in the workplace.

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New legislation on vulnerable workers

As of November 20, 2014, Ontario gave royal assent and have passed the Stronger Workplace for a Stronger Economy Act, otherwise known as Bill 18. This Act certifies that vulnerable workers, such as unpaid workers, or temporary workers, receive proper training and protection in order to lower the amount of workplace deaths or injuries among these workers.

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