November, 2011
November 30, 2011 Alan McEwen Payroll, Source Deductions and Reporting
These are the most important things you need to know before you begin your first 2012 payrolls and while preparing to issue T4s, T4As and RL-1s for 2011. We break this down between new reporting requirements for the 2011 tax year and new source deduction requirements for payments made after January 1, 2012.
2011 tax year, 2012 payroll changes, 2012 tax year, automobile rates, Canada Revenue Agency, cpp, CRA, EI, End of the year 2011, indexing, Ministère du Revenu de Québec, MRQ, Payroll reporting, Payroll taxes, pensionable earnings, personal tax credit amounts, QPIP, QPP, Reporting changes for 2011, Revenue Quebec, RL1, Source deductions, T4, T4 reporting, taxable income
November 29, 2011 Yosie Saint-Cyr Accessibility Standards, Health and Safety, Human Resources, Integrated Accessibility Regulation, Standard for Employment
Under the Integrated Accessibility Standards Regulations of the Accessibility for Ontarians with Disabilities Act (AODA), effective January 1, 2012, organizations in Ontario must provide and make available in an accessible format or with appropriate communication supports, information about emergency response plans or public safety to customers and employees with disabilities.
Accessibility for Ontarians with Disabilities Act, accessible format, accommodation, AODA, communication supports, customer service, emergency preparedness, emergency response plan, employees with a disability, employment law, individualized workplace emergency response, Integrated Accessibility Standards Regulations, persons with disabilities, public safety information
November 28, 2011 Adam Gorley Human Resources, Privacy and Security
The latest info from Industry Canada has the new anti-spam legislation coming into force in early 2012. The consultation period is over, and the government will now finalize the regulations that organizations will have to follow.
Anti-spam bill, anti-spam regulations, CAN-SPAM Act, Canadian anti-spam legislation, CASL, commercial electronic messages, electronic commerce, Electronic Commerce Protection Act, email addresses, email lists, Fighting Internet and Wireless Spam Act, FISA, marketing, privacy policy, spam
November 25, 2011 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
In a recent case coming out of the Court of Queen’s Bench of New Brunswick, the Court believed the employee’s story that he was terminated without cause, rather than the employer’s story that the employee resigned. When looking at the facts, the Court found the employee to be the more credible witness and awarded termination notice of 23 months.
credibility, employment law, hefty damage awards, long-term employee, management skills, New Brunswick, promotion, resignation, social skills, statutory notice, termination, termination notice, trainng, wrongful dismissal
November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.
Bardal Factors, Bardal v. The Globe & Mail, character of employment, Dismissal, economy, employment law, length of employment, length of notice period, lump-sum payment, notice of dismissal, notice period, one month per year, re-employment prospects, salary continuance, specialized knowledge, statutory notice period, termination, termination package, termination without cause, unstable labour market, wrongful dismissal
November 23, 2011 Andrew Taillon Employee Relations, Human Resources
Generally speaking, a restrictive covenant acts to restrict the activities of a former employee after their employment has ended. They usually come in one of two forms: non-competition clauses and non-solicitation clauses. The law on restrictive covenants is that they are prima facie unenforceable as they are in restraint of trade and therefore against public policy. In order to be enforced, they must be proven by the party that seeks to enforce them to be a reasonable limit on trade.
British Columbia, Edward Jones v. Mirminachi, employment law, ensure agreement is enforceable, non compete, non-competition, non-solicitation, restrictive covenants
November 22, 2011 Andrew Lawson Human Resources, Human Rights, Training and Development
Do your managers and front line workers have accurate facts about human rights issues? A number of conversations I have had with workers lately inform me that many people allow their emotions to overwhelm the facts. The misunderstandings that flow from this emotional response can lead to costly violations of the law for your organization.
belief system, costly violations of the law, discrimination, Education Act, emotional responses, employment law, front line workers, harassment prevention policy, individual beliefs, indoctrinate, Lord’s Prayer, managers, Muslim community, oath of citizenship, ontario, public schools, religion, religion-centered student meetings, religious groups, school boards, training, Varsity Christian Fellowship, workforce, workplace human rights policies
November 18, 2011 David Hyde Health and Safety, Human Resources, Union Relations
A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…
access to documents related to the investigation, Bill 168, bullying, employment law, grievance, harassment complaint, investigation report, investigator, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Board, reprisal, solicitor-client privilege, third-party investigator, workplace harassment, workplace harassment investigations, workplace investigation
November 17, 2011 Henry J. Chang Corporate Immigration, Human Resources
The Minister of Citizenship and Immigration recently issued a fourth set of Ministerial Instructions (MI-4), which came into force on November 5, 2011. According to MI-4, the Federal Skilled Worker program will now have a new eligibility stream for international students pursuing doctoral (PhD) studies at Canadian institutions. This adds an additional 1,000 numbers to the current cap of 10,000, which are available to FSW applicants who do not have arranged employment.
Centralized Intake Office, Citizenship and Immigration, doctoral program, federal skilled worker, foreign nationals, Immigration and Refugee Protection Act, international students, Ministerial Instructions
November 17, 2011 Henry J. Chang Corporate Immigration, Human Resources
On November 5, 2011, a temporary pause (i.e., a moratorium) was imposed on the sponsorship of parents and grandparents under the Family Class. However, to temper the effect of this decision, the Government of Canada has announced that it will increase the number of sponsored parents and grandparents that Canada will admit next year, from nearly 15,500 in 2010, to 25,000 in 2012, in order to clear out the existing backlog. It will also introduce a Parent and Grandparent Super Visa, which will allow parents and grandparents to remain in Canada for up to 24 months at a time. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian healthcare insurance for their stay in Canada but the visas will be valid for up to 10 years.
CIC, Citizenship and Immigration Canada, family class, Immigration and Refugee Protection Act, Immigration Law, parent and grandparent super visa, sponsorships, temporary resident status, Visa
November 16, 2011 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights
December 3 is the International Day of Persons with Disabilities. On this December 3, the global celebration has an appropriate theme, “Together for a better world for all: Including persons with disabilities in development”. Some people are unaware of a global mandate to achieve accessibility, and may feel isolated when their specific jurisdiction introduces new laws benefitting people with disabilities. Understanding we are all moving in the same direction, albeit using varying methods and timelines, is important when making decisions in your organization.
accesibility, Accessibility for Ontarians with Disabilities Act, accessibility principles, accessible environment, AODA, barriers, disabilities, economic recovery, economic stimulus, employment law, equal opportunity, individual autonomy, inherent dignity, International Day of Persons with Disabilities, non-discrimination, persons with disabilities, removal and prevention of barriers, UN Convention on the Rights of Persons with Disabilities, UNGA-06
November 11, 2011 Christina Catenacci Human Resources, Privacy and Security
A first-grade teacher in New Jersey could lose her job following a questionable Facebook post. While this story comes out of the US, the lessons can apply to workplaces located in Canada.
consistent monitoring and enforcement of policy, context, facebook, Facebook firing, inexusable, lose her job, off-duty posting on Facebook, online comments, questionable Facebook post, social media, social media policy, stuck by a student, teacher, terminated
November 11, 2011 Adam Gorley Employment/Labour Standards, Human Resources
In Alberta, British Columbia, Saskatchewan, Northwest Territories, Yukon, Prince Edward Island, New Brunswick and Newfoundland and Labrador Remembrance Day is a paid public (statutory) holiday under the Employment Standards Act. Employees get a day off with regular pay and/or holiday pay; if the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment). Federally regulated employees also have a holiday on Remembrance Day.
armistice, employment law, employment standards act, ESA, memorial day, Poppy Campaign, public holidays, Remembrance Day, Remembrance Day Act, Royal Canadian Legion, Statutory Holiday, The Great War, World War One, WWI
November 10, 2011 Ian J Cook HR Analytics, HRMS, Human Resources
Once you have a reputation as a “measurement guy” you get a lot of speaking requests. Recently I was asked to speak on a wellness topic. In the end I declined because even though the measurement aspects of the question were clear, I did not have the knowledge of the topic to deliver well. The request got me thinking about the costs of measurement. Often this is an area that is not considered when people get into the question of finding data.
analysis, cost, costs of measurement, Data, employment, engagement, HR budgets, HR measurement, measurement, survey
November 9, 2011 Yosie Saint-Cyr Employment/Labour Standards, Human Resources
I can’t believe the year 2011 is coming to an end and the holiday season is so near. Have you thought about how your organization will treat the public holidays around the end of the year? This year, Christmas, December 25, 2011, and New Year’s Day, January 1, 2012, fall on Sundays. The public holiday of Boxing Day, December 26, 2011, applies in Ontario and federally regulated workplaces only, and falls on a Monday.
Christmas 2011, employment law, Employment Standards legislation, New Year's Day 2012, non-working days, Public Holiday, public holidays, Statutory Holiday, statutory holidays, substituted day off
Good day, I have just recently started a new job in the Position of Regional Loss Prevention Manager. I am a former Military Police Officer... – May 16, 7:14 AM
Sarnia lawyer targeted by opposing party in family estate settlement: http://www.sunnewsnetwork.ca/archives/sunnews/canada/2013/05/20130510-133258.html – May 10, 2:12 PM
Another example of how Facebook comments can jeopardize an employee’s job
November 11, 2011 Christina Catenacci Human Resources, Privacy and Security
A first-grade teacher in New Jersey could lose her job following a questionable Facebook post. While this story comes out of the US, the lessons can apply to workplaces located in Canada.
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