Workforce data is everywhere. In all different formats using multiple languages, inconsistent terminology, and living in different systems. Given this complexity, it’s not surprising that most HR & talent teams access and utilize only a small portion of their data’s power. This is the data that’s visible, on the surface, and easily reported. But this is only the tip of the iceberg…and below the surface is where we really need to focus to deliver results for the business.
In a recent matter heard before the Human Rights Tribunal of Alberta (the Tribunal), it was decided that an employer discriminated against its employee in the course of her employment, on the ground of gender, in both sexual harassment and pregnancy. Such action is contrary to the Alberta Human Rights Act. In coming to its conclusion, the Tribunal had to address whether the employee had established a prima facie case of discrimination. If so, did the employer have a defence to the discrimination?
There are some professions that are automatically seen as having a strong impact on our world and are accepted as having the capability of making our world a better place. Human Resource Management however is often seen as having the potential to make significant impact on business success, rarely do we extend that assessment to the economy and nation building. But the Human Resource profession may just be the answer to some of the social, political and economic challenges being faced in Canada today.
Ontario’s Workplace Safety & Insurance Board made headlines this month by announcing that employer premiums would decrease an average of 5% in 2017, the first such decrease in over 15 years. This will result in approximately $250 million less being collected from employers, making the average premium rate $2.46 per $100 of insurable payroll, down from $2.59 in 2016.
This morning’s blog post informed you of the upcoming minimum wage increase on October 1, 2016, in Ontario. However, there are upcoming minimum wage increases on October 1, 2016 in Alberta, Saskatchewan and Prince Edward Island as well. The Alberta minimum wage is increasing to $12.20 for most employees; the current liquor server rate will […]
Minimum wage is the lowest wage rate an employer can legally pay their employee. Ontario has one of the highest minimum wage rates; as of October 1st, 2016 Ontario’s minimum wage rate will be increasing. The majority of employees are entitled to minimum wage, including casual employees, full-time and part-time employees, and those paid an hourly rate, piece rate, flat rate, salary, or commission. Although, there are some exemptions from minimum wage provisions of the Employment Standards Act.
Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee who was 61 years old at the time of dismissal. This decision provides some helpful direction and guidance for employers that move to terminate the employment of older, long service employees from their organization.
Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal
A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.
The three popular articles this week on HRinfodesk deal with: a matter that looks at just cause for dismissal; a claim of discrimination in relation to cessation of benefits upon turning the age 65; and claims that address bonus payments on termination.
Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built–in conditions that must be met before these bonuses are paid out. For example, an employee must be actively employed at the time the bonus is paid. Increasingly, the courts are being asked to determine whether these conditions have to be met and whether a bonus is owing. A recent decision by the Ontario Court of Appeal will come as a surprise to many of you.