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News and Discussions on Payroll & Employment Law

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October, 2011

Supplemental Unemployment Benefit (top-up) plan reporting

We set up a Supplemental Unemployment Benefit (SUB) plan in the last year (also known as a top-up plan). How do I report the payments our employees received under the plan in 2011? Before answering this question, let’s clarify a couple of terms…

 

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Case clarifies what is meant by ‘common employer’

The Ontario Superior Court of Justice recently decided that an employee was wrongfully dismissed and entitled to $20,363 in damages. The problem was that the damage award was made against two companies that were no longer in operation and without assets to pay the judgment. A related company that did have assets to pay the award was found not to be a common employer and was thus not liable.

 

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Accessibility standards compliance seminar

First Reference and Stringer Brisbin Humphrey are presenting a half-day seminar on November 9, 2011, which will provide an overview of the AODA compliance framework focusing on practical guidance in the form of templates, checklists and resources tailored to assist you in understanding and meeting the specific requirements that are applicable to your organization, whether it be a public, private or non-profit enterprise.

 

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Unexpected risks of stock option plans

Stock options and stock grants have become normal and expected elements of executive compensation in Canada. Stock options are generally granted to executive employees as a means of creating a common purpose or goal between senior employees and the company. The valuation of these options, and the employee’s entitlement to exercise them, has been an issue in many wrongful dismissal actions.

 

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AODA: Protect your organization through documentation

The Accessibility Standards for Customer Service require employers with 20 or more employees to document policies. The Integrated Accessibility Standards require employers to document policies and multi-year accessibility plans if they have 50 or more employees. So smaller organizations might breathe a sigh of relief knowing that they don’t have to document and keep track of their accessibility policies and plans under the Accessibility for Ontarians with Disabilities Act (AODA).

 

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Personal information online: new tools, old responsibilities

Sometimes, technology creates new ways to exploit information faster than the law and business can keep up. The Office of the Privacy Commissioner of Canada is trying to make sure that doesn’t happen in the case of behavioural advertising. Last year, the Privacy Commissioner conducted consultations on the new ways that organizations are collecting and using customers’ personal information, and prepared its Report on the 2010 Office of the Privacy Commissioner of Canada’s Consultations on Online Tracking, Profiling and Targeting, and Cloud Computing.

 

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Landmark decision gives insight into workplace harassment and employer reprisal

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

 

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CIC finally allows recaptured time for intracompany transferees

On September 19, 2011, Citizenship and Immigration Canada published Operational Bulletin 346, which authorized the recapture of unused time that would otherwise count against the time limits that are normally imposed on intracompany transferees. As a result of Operational Bulletin 346, now only periods of physical presence in Canada while holding an intracompany transferee work permit will count towards the time limits.

 

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Practical advice regarding dismissed employees and mitigation

Most employers are aware that any dismissed employee has a duty to mitigate. Usually, this duty arises in the determination of an appropriate severance payment to an employee. Where an employee contests the severance, the duty to mitigate will undoubtedly apply as part of the matrix of calculations to be determined.

 

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What HR professionals need to know about ‘kidnap and ransom’ insurance

Organizations that send employees to destinations with a high risk of kidnapping should seriously contemplate kidnap and ransom (K&R) insurance. K&R insurance protects individuals and corporations, typically covering kidnapping, extortion, wrongful detention and hijacking. K&R policies may also indemnify personal accident losses caused by kidnapping, and will generally cover the fees and expenses of crisis management consultants.

 

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Do we place too much emphasis on stress at work?

Seventy-three percent of working Canadians experience almost daily stress in their jobs, according to a recent study by Statistics Canada. That’s approximately 10 million people, or nearly one-third of Canada’s population. More than one-quarter of workers say their job is “quite a bit” or “extremely” stressful; close to half say they experience “a bit” of stress. But where is all the stress coming from, and is it affecting workers’ productivity?

Morever, should employers be aiming for stress-free workplaces?

 

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Proposed privacy changes in British Columbia

The Freedom of Information and Protection of Privacy Amendment Act, 2011 (Bill 3) was introduced in the British Columbia legislature on October 4, 2011. The Bill aims to facilitate digitization, compiling, sharing and combining of personal data across government ministries (including the Ministry of Labour, Citizens’ Services and Open Government). Individuals would be able to access government services with a secure digital identification card and personal ID number.

 

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The standards challenge

How do you measure turnover? Most people think they understand turnover. It is a simple and useful concept when it comes to understanding the flow of people through your organization. It is an important marker for determining overall organizational health and likely productivity impacts. If turnover is too high, your business stalls due to constant re-training; if turnover is too low, it can stagnate, leading to mediocre performance.

 

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Does over-sensitivity lead to harassment? The preventive value of respect

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

 

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Thanksgiving Day, public holiday

Thanksgiving Day in Canada occurs on the second Monday in October every year. This year, Thanksgiving Day falls on Monday October 10. Thanksgiving is a public (statutory) holiday in all provinces and territories, except for the Atlantic provinces. Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment).

 

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