May 22, 2013
Stringer LLP
Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.
called in sick, damages for lost wages, discrimination, discrimination based on disability, duty to accommodate, employment law, epilepsy condition, feelings and self-respect, hours of work had aggravated her disability, human rights code, human rights tribunal, injury to her dignity, medical clearance, medical information, off work sick, request for medical information, Return to work, safety related concerns, seizure at work, three day absence, workplace accommodation, WSIB obligations
May 21, 2013
Christina Catenacci
Employee Relations, Human Resources, Human Rights, Union Relations,
Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.
canadian charter of rights and freedoms, Charter, Constitution, Constitutional right to strike, Court of Appeal, essential services, Essential Services Act, freedom of association, ILO, Industrial Relations, International Labour Organization, international obligations, Labour Law, Labour Trilogy, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Court of Queen's Bench, Saskatchewan Federation of Labour, societal and jurisprudential changes, strike, Striking workers, Supreme Court of Canada, Trade Union Amendment Act, union, Unions
May 17, 2013
Yosie Saint-Cyr
Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
On Monday May 20, 2013, most Canadians get a day off work with pay on what is called Victoria Day.
Canada, Day off with pay, employment law, general holiday, Patriots' Day, Public Holiday, Statutory Holiday, Time off with pay, Victoria day
May 16, 2013
Yosie Saint-Cyr
Employee Relations, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation,
As anticipated, since the federal Pooled Registered Pension Plans Act came into force December 14, 2012, several provinces have followed suit and tabled legislation to implement the new kind of portable deferred income plan, which is designed to provide retirement income to workers and self-employed persons who do not have access to an employer-sponsored retirement pension plan.
Benefits plans, deferred income plan, employer-sponsored retirement pension plan, pension plans, pensions, pooled registered pension plans, retirement, retirement income, Self-employed, small and medium-sized businesses
May 16, 2013
Yosie Saint-Cyr
Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.
Adverse treatment, Disability, discrimination, dishonesty, dismissing for just cause, duty to accommodate, employee’s dismissal, employment law, human rights tribunal, involuntary retirement, just cause, leave of absence, long absence, Pensions and Benefits, retiring allowance, Return to work, settlement, severance payment, tax withholding, termination, terminations, Treating employee negatively, workplace investigation
May 15, 2013
Henry J. Chang
Corporate Immigration, Human Resources, Recruiting and Hiring,
On December 19, 2012, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced that the Federal Skilled Worker Program (“FSWP”) would once again begin accepting new applications on May 4, 2013. However, several key details of the FSWP were not announced at that time. Citizenship and Immigration Canada has now provided these last remaining details.
Canada, CIC, Citizenship and Immigration Canada, ECA, Educational Credential Assessment, eligible occupations, Federal Skilled Worker Program, Foreign workers, FSWP, Hiring foreign workers, Immigration Law, permanent residence
May 15, 2013
Henry J. Chang
Corporate Immigration, Human Resources, Recruiting and Hiring,
On May 10, 2013, Citizenship and Immigration Canada announced proposed regulatory amendments that will narrow the definition of “dependent child” by reducing the age limit to children under the age of 19 and removing the exception for full-time students. Once implemented, this proposed change will adversely affect the dependent children of all prospective immigrants to Canada.
age limit to children under the age of 19, CIC, Citizenship and Immigration Canada, dependent child, immigrant, immigrants to Canada, Immigration and Refugee Protection Regulations, permanent residence
May 14, 2013
Doug Macleod
Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation,
Did you know that the Employment Standard Act (ESA) applies to work performed outside Ontario that is a continuation of work performed in Ontario?
continuation of work performed, Employee travel time, employment contract, employment law, Employment Standard Act, hours of work, overtime benefit, overtime hours, travel outside Ontario as part of their job, Working outside of Ontario
May 13, 2013
Simon Heath
Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation,
A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.
deductions from an employees pay, employment agreement, employment law, employment standards act, express consent, garnish an employee’s wages, garnishment, legitimate deductions, Ministry of Labour, ontario employment standards act, overpayment of wages, repayment of a loan, statutory deductions to wages, wages, Wages Act
May 10, 2013
Christina Catenacci
Employee Relations, Human Resources, Human Rights, Recruiting and Hiring,
The media has reported that the online dating website eHarmony will be entering the recruiting business—matching employers with people looking for a job. Beginning first in the United States likely in June 2013, and soon thereafter in Canada, eHarmony plans to use its matching technology used to pair singles looking for love matches in a different way—it plans to help find the perfect employment union. That is, eHarmony will be using its technology to create the perfect harmony between job candidates and employers. How successful will this venture be, and will it change how employers find new employees?
Business, culture, dating, eHamony, hiring, interview, job applicants, job candidates, matching job applicants with employers, matching technology, most suitable candidates, online dating website, proper skills and qualifications, recruitment, reference check, résumé, selection process, singles, standardized testing, technologically savvy, things in common, workplace culture
May 10, 2013
Yosie Saint-Cyr
Accessibility Standards, Employee Relations, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Information and Communications,
Today, May 9, 2013, is the second year for Global Accessibility Awareness Day! This day is meant to “get people talking, thinking and learning about digital (web, software, mobile, etc.) accessibility and users with different disabilities”
accessibility barriers, Accessibility for Ontarians with Disabilities Act, AODA, digital accessibility, disabilities, equal opportunity, Global Accessibility Awareness Day, information and communications technologies and systems, Internet, people with disabilities, person with disabilities, W3C, web accessibility, World Wide Web, World Wide Web Consortium
May 9, 2013
Yosie Saint-Cyr
Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations,
The three most viewed articles on HRinfodesk this week deal with the difficulty of characterizing the employment relationship as that of independent contractor, the taxability of employer-paid membership fees and the high price of age discrimination.
age discrimination, Canada Revenue Agency, control over the workers’ work, duty to accommodate, employee v. self employed, employer-paid membership fees, employment law, end of careers, federal court of appeal, income tax, independent contractors, labour relations, management of employees, membership fee, retire at the age of 65, senior employees, succession plans, Taxable benefits, taxable income
May 8, 2013
Stringer LLP
Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.
2013 Ontario Employment Law Conference, breach of the employment contract, business being purchased, company purchases another business, employment agreement, employment contract, employment contracts, employment law, employment relationship, employment standards act, ESA notice, First reference, Learn the latest, non-competition, non-solicitation agreement, Notice of termination, one month sabbatical, restrictive covenants, Stringer LLP, sucessor employer, sufficient notice of termination, Termination clause, termination of employment, terms and conditions of employment, terms of the employment contract
May 7, 2013
Amery Boyer
Employee Relations, Human Resources, Union Relations,
On Sunday, April 28, 2013, there was a demonstration outside the Just Us Coffee’s office in Grand Pré to support two former employees of an outlet in Halifax, Nova Scotia, who claim that the fair trade company fired them for attempting to organize their co-workers.
attempting to organize employees, Balancing fair trade, Business, Canadian Union of Public Employees, employment relationship, grievance, HR issues, Just Us Coffee Co-op, Labour Law, Labour Relations Board, Mediation, Service Employees International Union, termination, unionization, worker rights, workers wanted to form a union
May 6, 2013
Alison J. Bird
Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits,
The Nova Scotia government has tabled a new Bill which proposes to amend the Labour Standards Code to create new unpaid leaves for parents and guardians. If passed, Bill 3, the Support for Parents of Critically Ill or Abducted Children Act, will give employees the right to take the following unpaid leaves:
35 weeks of EI benefits, 37-week unpaid leave, child has died due to a probable Criminal Code offence, child is missing due to a probable Criminal Code offence, Compassionate Care Leave, EI benefits, Employment Insurance program, employment law, labour standards code, leave of absence, Minister of Labour and Advanced Education, Nova Scotia, to take care of a critically ill or injured child, unpaid leave, unpaid leaves, unpaid leaves for parents and guardians
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
I was at a wedding reception recently, where immigrant parents who had made a living as factory workers or administrative staff showed off their children... – May 21, 9:23 AM
