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Ontario Human Rights Tribunal decision offers clarity on workplace sexual harassment

With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.

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Holiday parties

With the holiday season fast approaching, many organizations are in the midst of planning their annual holiday parties, meant to recognize the culmination of a year of hard work by employees and celebrate the holiday season. Although this time of year is marked with celebration and provides for a valuable team building opportunity, it can also bring with it particular obligations and potential liabilities for an employer.

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with unjust dismissal; termination due to pregnancy; and, October 2014 labour force survey.

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La limite territoriale est toujours nécessaire pour une clause de non-concurrence

Comme nous l’avons mentionné à quelques reprises, l’absence de limitation territoriale n’est pas fatale à une clause de non-sollicitation dans la mesure où la clientèle dont la sollicitation est prohibée est identifiée ou identifiable.

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No procedural duty to accommodate

The Federal Court of Appeal recently ruled in Canada Human Rights Commission v Attorney General of Canada and Bronwyn Cruden, that employers do not have a separate procedural duty to accommodate employees and any procedural inadequacy throughout the accommodation process is not critical where the employer’s actions do not constitute discrimination.

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Year-end payroll check list for the holidays!

It is that time of the year again where people are just starting to think about making their holiday lists.  Organizations who want to stay on the Canada Revenue Agency’s (CRA) “nice” list and off of the “naughty” list should start ticking off the boxes on a year-end payroll check list as well as preparing for the first payroll of the New Year.

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Modifications apportées à la partie II du code canadien du travail

Diverses modifications au Code canadien du travail sont entrées en vigueur le 31 octobre 2014. Ces modifications renforceront le système de responsabilité interne afin d’améliorer la protection des travailleurs du Canada et de permettre au Programme du travail de mieux se concentrer sur les enjeux critiques qui touchent la santé et la sécurité des Canadiens au travail.

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Amendments to part II of the Canada Labour Code

A number of changes to the Canada Labour Code came into force on October 31, 2014. These changes reinforce the internal responsibility system to improve protection for Canadian workers and allow the Labour Program to better focus its attention on critical issues affecting the health and safety of Canadians in their workplace

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Ontario’s Liberal government introduces employee friendly laws

On November 6, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 received third reading at the Ontario legislature. When Bill 18 receives Royal Assent several significant changes will take effect that will benefit employees.

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Unlimited vacation: flashy gimmick or prudent policy?

Sir Richard Branson recently announced a change to Virgin’s vacation policy. According to virgin.com the policy: permits all salaried staff to take off whenever they want for as long as they want. There is no need to ask for prior approval and neither the employees themselves nor their managers are asked or expected to keep […]

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with upcoming changes to Ontario’s employment and labour law; the update to the Canada Revenue Agency form RC18 to calculate automobile benefits; and a 20-year old workplace injury case.

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ESDC considers administrative monetary penalties and longer bans on employers who violate the TFWP

At the end of September 2014, ESDC published a discussion paper, which proposed to implement an Administrative Monetary Penalty system for violations of the TFWP; penalties of up to $100,000.00 could be imposed under this new system. It also proposed to increase the maximum ban for employers who violate the TFWP from two years to ten years (a permanent ban was also being considered).

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The Government of Canada introduces legislation to prevent barbaric cultural practices in Canada

On November 5, 2014, Citizenship and Immigration Minister Chris Alexander announced that the Government of Canada had tabled its proposed Zero Tolerance for Barbaric Cultural Practices Act. The proposed Act is intended to amend the current Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code for the purpose of preventing barbaric cultural practices from taking place in Canada.

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Remembrance Day should be a national holiday!

The request to make Remembrance Day a national public holiday across Canada without removing any existing public holiday continues. It would make sense to make this a statutory holiday in every province and territory—even in Ontario and Quebec. As we mourn the death of two soldiers killed in separate attacks on home soil, Canadians were […]

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Case against making Remembrance Day a statutory holiday

This year’s Remembrance Day ceremonies on November 11th will surely be even more poignant than usual. With recent events, such as the attack on Ottawa’s Parliament buildings, and the tragic deaths of soldiers Patrice Vincent in Quebec and Nathan Cirillo at the National War Memorial, emotions are running high.

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