First Reference Talks

Business, Payroll, Employment Law, Internal Controls & You!

  • Home
  • About
  • Contact Us
  • Free Updates

Most-viewed articles this week on HRinfodesk

Author: Yosie Saint-Cyr

Thursday, May 17th, 2012 at 11:15

How not to fire an employee The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. (In PDF) Charity runs afoul of Canada Revenue Agency Deciding to retain a contractor rather than an employee can be the right decision depending [...]

Read the rest of this post »

Tags: charity, compliance, disclosure, employment law, HRinfodesk, termination
May 17th, 2012  |  Posted in Human Resources  |  Make a Comment »

CIC launches project allowing permanent resident cards to be mailed directly

Author: Henry J. Chang

Thursday, May 17th, 2012 at 09:30

Citizenship and Immigration Canada has launched a pilot project as part of its plan to streamline procedures and improve services to newcomers. As of April 30, 2012, most permanent residents who apply for Permanent Resident Cards no longer need to visit a CIC office; they will instead receive their Permanent Resident Cards by mail.

Read the rest of this post »

Tags: CIC, Citizenship and Immigration Canada, permanent resident, permanent resident card
May 17th, 2012  |  Posted in Corporate Immigration, Human Resources  |  Make a Comment »

CIC announces consultations for a Canadian start-up visa program

Author: Henry J. Chang

Thursday, May 17th, 2012 at 09:00

On April 18, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney launched consultations on the possible creation of a new program to attract immigrant entrepreneurs. Citizenship and Immigration Canada will consult with industry associations in the development of a “start-up” visa program for innovative entrepreneurs in the coming months. A start-up visa program differs from existing investor and entrepreneur options in that…

Read the rest of this post »

Tags: CIC, Citizenship and Immigration Canada, Economic Immigration Class, Foreign workers, H.R. 1114: StartUp Visa Act of 2011, immigrant entrepreneurs, Immigration and Refugee Protection Regulations, S. 565: StartUp Visa Act of 2011, start-up visa, United States
May 17th, 2012  |  Posted in Corporate Immigration, Human Resources  |  Make a Comment »

Pay equity: Gender wage gap program

Author: Yosie Saint-Cyr

Wednesday, May 16th, 2012 at 09:00

Last year, the Ontario Pay Equity Commission launched what it calls the Gender Wage Gap Program to measure the extent of gender wage gaps in the public and private sector workplaces in Ontario. The measures will determine how effective the Pay Equity Act has been in establishing equitable compensation practices since its inception, and whether gender discrimination in pay practices is still prevalent in workplaces. The program is ongoing.

Read the rest of this post »

Tags: affirmative action to redress gender discrimination, compensation practices, differences in wages between men and women, employment law, equal pay, equal pay for work of equal value, female-dominated occupations, gender-neutral comparison, Job evaluation, Job to job comparison, male-dominated occupations, pay adjustments, pay equity, pay equity plan, proportional value
May 16th, 2012  |  Posted in Compensation, Employee Relations, Human Resources, Payroll  |  Comments Off

The enforceability of termination provisions within contracts of employment

Author: Matt Lalande

Tuesday, May 15th, 2012 at 11:30

The employment relationship is a contractual one whether or not a contract of employment was signed. Contracts can be express or implied contracts, i.e., you agree to work and I agree to pay you. Verbal bargains are nearly always upheld as long as those implied contracts are governed by particular employment standards and obligations established by the common law.

Read the rest of this post »

Tags: employment agreements, employment contracts, employment law, employment standards act, ESA, Machtinger v. HOJ Industries Ltd., McGregor v. National Home Services, occupational health and safety act, OHRC, OHSA, Ontario Human Rights Code, restrictive covenants, review employment contracts, substratum doctrine, termination, termination entitlements, update employment contracts, verbal contracts, Wallace v. Toronto Dominion Bank, Workplace Safety and Insurance Act, WSIA
May 15th, 2012  |  Posted in Employment Standards, Human Resources  |  Make a Comment »

Canada’s anti-spam law: not as close as we thought?

Author: Adam Gorley

Monday, May 14th, 2012 at 09:00

Industry Canada and the CRTC have prepared final spam regulations, but Industry’s are undergoing a second round of consultation. The minister has revised the estimated time: “the anti-spam legislation is expected to take effect next year”…

Read the rest of this post »

Tags: anti-spam regulations, Canadian anti-spam legislation, CASL, commercial electronic message, consent, CRTC, fightspam.gc.ca, Minister of Industry, spam, spam consultation, spam quiz, two-click unsubscribe
May 14th, 2012  |  Posted in Human Resources, Privacy and Security  |  Make a Comment »

Denny’s temporary foreign workers employment standards class action suit gets certified

Author: Christina Catenacci

Friday, May 11th, 2012 at 09:00

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…

Read the rest of this post »

Tags: BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages
May 11th, 2012  |  Posted in Corporate Immigration, Employment Standards, Human Resources, Recruiting and Hiring  |  Make a Comment »

Slaw: Guide for investigating workplace corporate negligence

Author: Yosie Saint-Cyr

Thursday, May 10th, 2012 at 13:00

On the 20th anniversary of the deadly Westray explosion that killed 26 miners in Nova Scotia, the Canadian Labour Congress (CLC) has released a guide for investigating corporate criminal negligence in the event of a serious injury or fatality in a workplace.

Read the rest of this post »

Tags: Canadian Labour Congress, corporate criminal negligence, Corporate negligence, criminal code, Criminal liability, employment law, investigating workplace corporate negligence, Police enforcement, serious injury or fatality in a workplace, Westray explosion
May 10th, 2012  |  Posted in Health and Safety, Human Resources  |  Make a Comment »

Most-viewed articles this week on HRinfodesk

Author: Yosie Saint-Cyr

Thursday, May 10th, 2012 at 11:40

Beware of terminating long-term employees without proper notice The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards. Entitlement to paid sick leave and termination pay denied The [...]

Read the rest of this post »

Tags: employment contract, employment law, Entitlement, illness, Notice, Ontario Labour Relations, Relocation, sick leave, termination, work from home, wrongful dismissal
May 10th, 2012  |  Posted in Employee Relations, Employment Standards, Human Resources, Union Relations  |  Make a Comment »

Slaw: Employee terminated for theft still entitled to bonus

Author: Yosie Saint-Cyr

Thursday, May 10th, 2012 at 11:00

The Ontario Court of Appeal recently confirmed that when an employee was terminated for stealing from his employer, he was still entitled to his annual bonus because it was clearly an integral part of his contract, even if he had breached his fiduciary duty.

Read the rest of this post »

Tags: breach of fiduciary duty, employee theft, employment contract, employment law, fiduciary duties, Managing Difficult Terminations, Ontario Court of Appeal, terminations
May 10th, 2012  |  Posted in Compensation, Employee Relations, Employment Standards, Human Resources, Payroll  |  Make a Comment »

Neither too little nor too much: HR spending and resignations

Author: Ian J Cook

Thursday, May 10th, 2012 at 09:00

Here is one of the first interesting results produced from the Human Resources Metrics Service database. There is a clear relationship between what an organization spends on HR and the level of resignations it experiences…

Read the rest of this post »

Tags: budget, costs, employment law, hr analytics, HR budgets, HR impacts, HR metrics, HR spend, quits, recruiting and retention, resignations
May 10th, 2012  |  Posted in HR Analytics, HRMS, Human Resources, Recruiting and Hiring  |  Make a Comment »

WSIB introduces safe communities incentive program

Author: Marcia Scheffler

Wednesday, May 9th, 2012 at 09:00

Do you, like 98 percent of Ontario businesses, employ 100 or fewer employees? Then you should try SCIP-ing into spring with the Workplace Safety and Insurance Board’s Safe Communities Incentive Program.

Read the rest of this post »

Tags: employment law, health and safety action plan, health and safety association, health and safety compliance, Health and Safety program, illness at work, lost time injuries, Ministry of Labour, occupational health and safety act, OHSA, ontario, prevention, Return to work, return-to-work program, risk management, Safe Communities Incentive Program, Safety Groups, SCIP, senior management, small business, workplace injury, Workplace Safety and Insurance Act, Workplace Safety and Insurance Board, WSIA, wsib, WSIB premium rebate
May 9th, 2012  |  Posted in Health and Safety, Human Resources, Training and Development  |  1 Comment »

CIBC investment advisors unpaid overtime class action not appropriate for certification

Author: Christina Catenacci

Tuesday, May 8th, 2012 at 09:00

Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).

Read the rest of this post »

Tags: banking, Canada labour Code, Canadian Imperial Bank of Commerce, certification as a class action, CIBC, CIBC investment advisors, CIBC World Markets Inc, class action, commonality between class members, employment law, employment standards act, ineligible for overtime pay, Job classifications, no common issue, no identifiable class, overtime, overtime exemption, Regulation 285/01, unpaid overtime
May 8th, 2012  |  Posted in Compensation, Employment Standards, Human Resources, Payroll  |  Make a Comment »

Does your organization need a mobile strategy?

Author: Adam Gorley

Monday, May 7th, 2012 at 09:00

If your employees use mobile devices to perform work, then you probably do…

Read the rest of this post »

Tags: employment law, liability, mobile devices, mobile strategy, mobile workforce, smartphones, tablet computer
May 7th, 2012  |  Posted in Employee Relations, Human Resources, Privacy and Security  |  Make a Comment »

Most viewed articles this week on HRinfodesk

Author: Yosie Saint-Cyr

Friday, May 4th, 2012 at 11:05

  Workplace bully’s tirade amounts to constructive dismissal When a general manager at a health club felt repeatedly harassed by one of the owners, he claimed the company constructively dismissed him… (In PDF) MOL releases OHSA reprisal guidance for workers and employers The Ontario Ministry of Labour has released a guide for workers and employers [...]

Read the rest of this post »

Tags: bullying, constructive dismissal, employment law, HRinfodesk, OHSA, OHSA reprisal, Return to work, workplace harassment, workplace violence
May 4th, 2012  |  Posted in Employment Standards, Health and Safety, Human Resources  |  Make a Comment »

<< Previous

  • Get Free Updates

    RSS and Email

  • 2012 Annual Ontario Employment Law Conference

    2011 Canadian Law Blog Finalist

    2010 Canadian Law Blog Finalist

  • Categories

    • Accessibility Standards
      • Integrated Accessibility Regulation
      • Standard for Customer Service
      • Standard for Employment
      • Standard for Information and Communications
      • Standard for the Built Environment
      • Standard for Transportation
    • Announcements
    • Conferences
    • Human Resources
      • Corporate Immigration
      • Employee Relations
      • Employment Standards
      • Health and Safety
      • HR Analytics
      • HRMS
      • Human Rights
      • Privacy and Security
      • Recruiting and Hiring
      • Training and Development
      • Union Relations
    • Payroll
      • Benefits
      • Compensation
      • Source Deductions and Reporting
  • Recent Comments

      CommentChristina Catenacci:
      Thanks for your comment Troy. I have discussed this issue with many people...

      CommentTroy:
      And what about the passive smoke from SMOKERS? If someone who doesn’t smoke...

      CommentYosie Saint-Cyr:
      Hi Marcia, I participated in the program two years ago on behalf of FR… It...



  • First Reference:
    @firstreference

    Yosie Saint-Cyr:
    @yosie23

    Adam Gorley:
    @agorley

  • Like us on Facebook!



  • Links

    • First Reference
    • HR eSource
    • HRinfodesk
    • HRtrack
    • Human Resources Advisor
    • PolicyPro
  • Blogroll

    • Inside internal controls
    • All About Information
    • Chambers on the Profession
    • Corporate Governance
    • Corporate Governance & Risk Management Blog
    • Corporate Reporting to Stakeholders
    • Daniel A. Lublin Employment Law Blog
    • Doorey’s Workplace Law Blog
    • Employment & Human Rights Law in Canada
    • Human Right in the Workplace
    • International Corporate Governance
    • Leech Talks Risk
    • Marks on Governance
    • Osgoode Labour & Employment Law Society
    • SBH Lawyers blog
    • Slaw
    • Thoughts from a Management Lawyer
  • Post Archives

    • May 2012 (21)
    • April 2012 (26)
    • March 2012 (30)
    • February 2012 (26)
    • January 2012 (23)
    • December 2011 (25)
    • November 2011 (19)
    • October 2011 (19)
    • September 2011 (30)
    • August 2011 (21)
    • July 2011 (22)
    • June 2011 (30)
    • May 2011 (25)
    • April 2011 (25)
    • March 2011 (23)
    • February 2011 (16)
    • January 2011 (21)
    • December 2010 (20)
    • November 2010 (17)
    • October 2010 (19)
    • September 2010 (22)
    • August 2010 (25)
    • July 2010 (20)
    • June 2010 (24)
    • May 2010 (28)
    • April 2010 (20)
    • March 2010 (19)
    • February 2010 (9)
    • January 2010 (11)
    • December 2009 (9)
    • November 2009 (11)
    • October 2009 (13)
    • September 2009 (9)
  • Questions?

    Email us:
    editor[at]firstreference.com

Copyright © 2012 - First Reference | Entries (RSS) | Comments (RSS) | Twitter | Facebook

WordPress theme designed by web design