January, 2012
January 31, 2012 Yosie Saint-Cyr Employee Relations, HR Analytics, HRMS, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation
The National Occupational Classification (NOC) 2011 is the current departmental standard and was approved on November 21, 2011. The NOC was jointly released for free by Statistics Canada and Human Resources and Skills Development Canada (HRSDC) today and includes…
Compensation package, different skill levels to reflect changes in job requirements, employment law, HRSDC, Human Resources and Skills Development Canada, Job classifications, job description, job titles, National Occupational Classification, NOC, Occupations, Skill levels, Skill types, Statistics Canada, Work performed
January 31, 2012 Alan McEwen Payroll, Pensions and Benefits, Source Deductions and Reporting
Employers are often asked by their employees for advice on Employment Insurance. Specifically, if they will be able to qualify for EI benefits. Employers should know what to say in response to such questions.
Employer EI advice for employees, Employment Insurance, hours required to qualify, Labour attachment period, labour force attachment period, qualifying for EI benefits, qualifying period
January 30, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits
Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…
Adoptive mothers, Adoptive parents, biological mothers, birth mothers, canadian charter of rights and freedoms, discrimination, EI benefits, Employment Insurance, Employment Insurance Act, employment law, Employment Standards legislation, federal court of appeal, maternity leave, maternity leave benefits, parental leave, parental leave benefits, physiological and psychological experience, pregnancy and childbirth, pregnancy leave, Section 15(1) of the Charter, Supreme Court of Canada, Tomasson v. Canada (Attorney General)
January 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
BC, breach of contract, British Columbia, common law, Damanges, employment law, inadequate notice of termination, reasonable notice, reasonable termination notice, repudiation of the contract, termination, termination letter, working notice, wrongful dismissal
January 24, 2012 Andrew Lawson Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Customer Service
I am going to tell you a story that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. For those readers who pass the test, congratulations, you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!
accessibility compliance, Accessibility for Ontarians with Disabilities Act, Accessibility Standards PolicyPro, accessible building, AODA, AODA seminar, ASPP, OHRC, Ontario Human Rights Code, wheelchair
January 23, 2012 Earl Altman Employee Relations, Human Resources
Hunter Harrison, the former Chief Executive Officer of Canadian National Railway (CNR), faces a dilemma in dealing with his obligations under a non-compete covenant to his former employer. Harrison is being pursued by CNR competitor Canadian Pacific Railway to assume the position of CEO, but taking that position might violate the non-compete agreement.
Canadian National Railway, Canadian Pacific Railway, CNR, competing with former employer, competitive activities of former employees, employment contract, H.L. Staebler, injunctions, Mason v. Chem-Trend, non-compete clause, non-competition, overly broad, proprietary interest, restrictive covenant, Shafron, termination, time and geographic limits
January 20, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources
Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.
bad faith, bad faith dismissals, bad faith termination, Canada (Attorney General) v. Tipple (2011), Douglas Tipple, employment law, grievance, Honda damages, Honda v. Keays, mental health effects, misleading and unduly insensitive, moral damages, psychological injury, reprisal, termination, workplace investigations
January 19, 2012 Henry J. Chang Corporate Immigration, Human Resources
On January 6, 2012, the Department of Homeland Security announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens who are in the United States but need an immigrant waiver of unlawful presence bar to apply for the waiver within the United States.
children of U.S. citizens, Department of Homeland Security, employment law, Foreign workers, immigrant visa, immigrant waiver, Immigration and Nationality Act, United States, United States Citizenship and Immigration Services, unlawful presence bar
January 19, 2012 Henry J. Chang Corporate Immigration, Human Resources
On December 30, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 373 (“OB 373”). OB 373 provides additional information relating to the Excessive Demand Cost Threshold (the “Demand Threshold”) for 2012, which became effective on December 1, 2011.
barred from Canada based on health grounds, Canadian Institute for Health Information, Citizenship and Immigration Canada, employment law, Excessive Demand Cost Threshold, expected medical costs of the foreign national, foreign national, Foreign workers, health or social services, Operational Bulletin 373, permanent residence in Canada, temporary residents
January 18, 2012 David Hyde Employee Relations, Health and Safety, Human Resources
In some cases, business leaders fail to recognize that employee travel falls within the physical scope of workplace activities. In other cases, decision-makers believe that only those travelling to international high-risk destinations require any type of security protection. In most organizations, there is also a gap in knowledge when it comes to travel security, contributing to a lack of risk awareness and fragmented ownership of the function within the organization.
all reasonable steps, Blue Mountain Resorts Limited v. Ontario, business travel, business travel destinations as workplaces, common law, Duty of care, employee group benefits, employee travel, failure to comply, high-risk locale, hot spots, international travel, non-compliance, occupational health and safety, OH&S, R v Port Colborne, risk assessment, risk management myth, safety risk, security risk, situational awareness, tort liability, tracking travellers, travel and extended health care insurance, travel risk management, travel-related risk, TRM, what is a workplace, workplace, workplace violence
January 17, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Standard for Transportation
As you probably know, the Transportation Standards under the Accessibility for Ontarians with Disabilities Act will come into force over the next five years. The Government has released the accessible transportation compliance dates, and you can find them all below. Obligated transportation providers can keep this schedule as a quick reminder of present and future compliance deadlines.
Accessibility for Ontarians with Disabilities Act, accessibility plan, accessible vehicles, AODA, buses, compliance dates, ferries, Highway traffic act, IAR, Integrated Accessibility Regulation, MCSS, ontario, Ontario Ministry of Community and Social Services, Regulation 629, retrofit, schedule, Specialized Transportation Service Providers, streetcars, subway, taxi, taxicabs, transportation providers, Transportation standards, vehicle contract
January 16, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.
age, age discrimination, age-based job requirement or qualification, anti-harassment and anti-discrimination policies, BFOR, Bill C-13 Keeping Canada’s Economy and Jobs Growing Act, bona fide occupational requirement, Canadian Human Rights Act, duty to accommodate, employment law, federally regulated employers, mandatory retirement, The normal age for retirement in Canada is 65, The Supreme Court of Canada, workplace policies
January 13, 2012 Christina Catenacci Human Resources, Human Rights, Recruiting and Hiring
I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.
age discrimination, conducting interviews, documentation, employment law, genuine belief, interview, job applicant, job applicants, job responsibilities, justifiable reasons, Ontario Human Rights Tribunal, outperformed, permanent contract posision, reference, selection process, teacher, testimony, tie questions to job, witness
January 12, 2012 Yosie Saint-Cyr Employee Relations, Human Resources
On December 6, 2011, the Internet Child Pornography Reporting Regulations were registered in the Canada Gazette and came into force. The goal of the regulations is to establish a framework necessary to implement the mechanics for the designated organizations receiving reports and service providers who report to discharge their duties under An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.
Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, Canadian Centre for Child Protection, Criminal law, employment law, Internet Child Pornography Reporting Regulations, Internet Service Providers, online sexual exploitation, reporting obligations, secure online system
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
