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News and Discussions on Payroll & Employment Law

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September, 2011

AODA Accessibility Standards Compliance Seminar November 9, 2011

Along with the customer service standard, four out of the five accessibility standards under the Accessibility for Ontarians with Disabilities Act are now law and in place. They are accessibility standards in the areas of Customer Service, Information and Communication, Employment and Transportation. These standards are complex and they require understanding and preparation. Ontarians can no longer ignore them.

 

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What all employers can learn from Google

Google has been rated the world’s most attractive employer in two categories, business and engineering, by Universum. The rankings were based on responses from 160,000 career seekers. So what can employers learn from Google to improve their own attractiveness?

 

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Slaw: Why I was compelled to watch ‘Pan Am’

Why I was compelled to watch the television show Pan Am? To see if they would accurately portray the workplace culture of the 1960’s, which I have heard about and find very intriguing. In addition, with the recent Air Canada labour troubles on my mind, the show seemed a propos.

 

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Is severance pay required when an employee is terminated?

When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?”

Before this question can be answered, we have to first confront the difficulty that some payroll terms traditionally used to describe both termination, as well as any payments resulting from this event, haven’t always been defined with the greatest of clarity. My preference has always been for those terms that convey the clearest meaning of the related employment standards and source deduction requirements.

 

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AODA: Who let the dogs out? Saying ‘yes’ to all service animals

You may have read the recent story about a blind rowing champ who was asked to leave the premises of an Esso gas station store. Victoria Nolan attempted to enter the premises with her guide dog when she was promptly told to leave the store. Ms. Nolan is not new to this problem, and she contacted the Toronto police who seemed to have extracted some kind of apology from the employee. An Esso spokesperson stated that the company tells retailers to allow service animals onto the premises. Apparently, there was a communication breakdown when instructing this employee about the topic of service animals.

 

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Can I be disciplined for off-duty behaviour?

“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?

 

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Election fever across the country

Hey Manitoba, Newfoundland and Labrador, Northwest Territories, Ontario, PEI and Yukon! You’re going to the polls soon to elect new governments (or to re-elect new versions of old ones). It is not always easy to see how elections make a difference in daily life, so it might not seem very important, but different governments make different choices with respect to public services, economic management, crime prevention and the environment, among many other things. If you think of something that is important to you, or that you enjoy doing, the government probably has some influence over it.

 

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Salary increase projections for 2012, ‘cautiously optimistic’

I’ve been doing some reading to see what salary increases are predicted for the year 2012, and whether things will be more optimistic for Canadian employees who work hard to make ends meet. It turns out that most are projecting a marginal increase from last year, when employees also received marginal increases; that is, lower than the increases prior to the economic downturn.

 

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Slaw: Dialogue on human rights relating to religious belief and practices

The Ontario Human Rights Commission (OHRC) has invited citizens to submit short papers (six to eight pages) toward a dialogue on human rights, specifically relating to religious belief and practice as shaped by the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms.

 

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Mandatory retirement has been eliminated − is anyone listening?

Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.

 

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Assessment of human resources: An organization’s most valuable assets

How does an organization identify the best person for the job when filling a position? Companies generally follow a defined process for recruiting, hiring and promoting. They have a job description and certain criterion they are looking for. Whatever the process may be, it needs to be robust and legally defensible. The best method for achieving this is to use a formal assessment centre.

 

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Government anti-spam website offers tips for businesses, organizations and individuals awaiting regulations

The federal government has introduced a website dedicated to its new anti-spam law, the Electronic Commerce Protection Act. The website, Fightspam.gc.ca, describes the provisions of the law and its purposes, and outlines how organizations and individuals can make sure they abide by the law and protect themselves from spam and other electronic threats.

 

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Liberal promise of immigrant tax credit is a divisive issue

Most Ontario residents are already aware of the recent controversy that has brought immigration to the forefront of the upcoming provincial election. It started with the Ontario Liberal pledge to offer tax credits of up to $10,000.00 to employers who hire new immigrants in Ontario who have been here for five years or less. Ontario Progressive Conservative leader Tim Hudak responded by calling it an “affirmative action” program.

 

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Duty to accommodate disability case sent back to Human Rights Tribunal

The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.

 

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Slaw: Banning teachers from communicating with their students on social media

In the age of social media like Facebook and Twitter, school administrators are asking whether such electronic communication is appropriate between students and teachers. They are wondering where boundaries for such communication should be placed. Many school boards are choosing a strict path, forbidding or restricting any communication via social media between students and teachers.

 

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