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News and Discussions on Payroll, HR & Employment Law

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Proposed citizenship ceremony leave in Nova Scotia

Bill 115, An Act to Amend Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, Respecting Citizenship Ceremony Leave received first reading in the Nova Scotia Legislature, and is currently sitting with the Law Amendments Committee. The goal of the Bill is to create an unpaid leave of absence of up to one day under the Labour Standards Code so employment is protected while employees attend their citizenship ceremony.


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Slaw: Pension plans and bankruptcy: The Supreme Court will decide

The Supreme Court of Canada has agreed to hear the Indalex Limited case, which will determine if underfunded pension plans should be treated as a priority when it comes time to liquidate the assets of a bankrupt company.


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The future is in our hands – and in the data!

For my last post of 2011, I will follow the age old tradition of predictions for 2012. The slight twist is that the post will feature someone else’s predictions—much easier than gazing into my own crystal ball.


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Required training under the AODA customer service standard

The Accessibility Standards for Customer Service require employers to provide accessible customer service to persons with disabilities. In order to comply with the legislation, all businesses and organizations providing goods or services to the public with at least one employee in Ontario must meet several requirements by January 1, 2012. What we gathered at our most recent AODA seminar is that employers are very concerned about the training aspect of the customer service obligations.


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What is reverse discrimination?

Two men are holding hands and occasionally kissing while waiting in line at a driver licensing office. A person waiting in line approaches the men calling them “fags” and telling them their behaviour is “disgusting”. The same person attempts to engage others waiting in the line to join in the demeaning discourse…


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Laws not enough to stop fraud

A recent US survey finds that “Business losses due to fraud increased 20% in the last 12 months, from $1.4 million to $1.7 million per billion dollars of sales. … 88% of the respondents reported being victims of corporate fraud over the past 12 months.” Does this worry you?


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Pooled registered pension plans introduced in legislature

On November 17, 2011, Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, received first reading in the House of Commons. There is a bit of controversy about this Bill… let’s take a look.


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Slaw: CNT, MOL and MRQ file petition to have IQT Ltée declared bankrupt

In partnership with the Ontario Ministry of Labour (MOL), the Commission des normes du travail (CNT) and Revenu Québec (MRQ) filed a petition at the courthouse in Trois-Rivières to have IQT Ltée declared bankrupt under the Bankruptcy and Insolvency Act.


Introducing guest blogger Matt Lalande

We are pleased to announce that Matt Lalande will be joining our team of regular bloggers. Matt is a lawyer at Haber & Associates. Although Matt is specialized in representing those who have suffered harm by the wrongs of others, Matt has particular emphasis on wrongful death, personal injury and employment law. He will be writing on issues relating to employment law.


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Myths and misunderstandings regarding employees on leave

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…


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CRA and MRQ 2012 source deduction and reporting changes

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.


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Emergency preparedness: New AODA rules for persons with disabilities

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.


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Canada’s anti-spam law: it’s getting closer every day

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.


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Was it a termination or a resignation? Credibility was key

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.


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The fine art of determining notice for dismissal: ‘old habits die hard’

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.


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