February, 2012
February 29, 2012 Alan McEwen Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources
Employers normally have the right to expect that instructions to employees will be faithfully carried out. But what happens when the employer asks that employees do something dodgy or potentially illegal? What would you do when faced with an employer request you felt might not be within the law?
employment law, Nortel, refusing employer instructions, reprisal, right to refuse work, Robo-calls, terminate for cause, unlawful employer requests, work refusal
February 28, 2012 Andrew Lawson Human Resources, Human Rights
Something happened at the Academy Awards Sunday night that caught my eye and got me thinking about our current attitudes about equality and racism and human rights in general. I was supposed to write this week about the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act as per my last post. But the Oscars are much more interesting, don’t ya think?
Academy Awards, Accessibility for Ontarians with Disabilities Act, AODA, attitudes, civil rights, movies, Octavia Spencer, OHRC, Ontario Human Rights Code, Oscars, racial segregetaion, racism, separate but equal, The Help
February 27, 2012 Adam Gorley Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Union Relations
The recent firing of Toronto Transit Commission head Gary Webster makes it difficult for the city to claim it is trying to run like a business. Webster, a 37-year TTC employee, was a year away from the end of his contract, and his termination without cause will likely cost the city at least $500,000 in severance pay, not to mention the costs associated with replacing him.
common law, contract buy-out, employment contracts, essential service, Gary Webster, immigrant visa, inside workers, laibility, outside workers, Severance pay, succession planning, termination, Toronto City Council, Toronto Transit Commission, TTC, without cause, working notice, wrongful dismissal
February 24, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights
I have read several articles in the last week regarding Apple Inc.’s manufacturing in China, through the company Foxconn. Perhaps it is time for us to take a step back and really understand what is going on here, and how this affects us in Canada.
Apple, audit, better working conditions, China, discrimination, employment law, excessive hours of work, Fair Labour Association, forced labour, Foxconn, globalization, harassment, illegal compensation, investigation, Labour Law, n-hexane, supply chain, training, workers poisoned, working conditions in the factory, workplace code of conduct
February 23, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HRMS, Human Resources, Training and Development
When an employer seeks to rely on a breach of policy in disciplining an employee, the employer must prove that it clearly communicated the policy to the employee in question and has enforced the policy consistently. The importance of such communication in enforcement of workplace policies was demonstrated in Lambe v. Irving Oil Ltd.
breach of policy, business practices, communication, Disciplinary measures, discipline, dishonesty, dismissed without just cause, documentation, Due diligence, employee handbook, employment law, enforcement of workplace policies, informing employee, just cause, Notification, performance reviews, policies and procedures, policy manual, policy was clearly communicated, procedural manual, record keeping, termination, terminations, The Law of Dismissal in Canada, tracking employee work performance, workplace policies, wrongful dismissal
February 23, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
Constructive dismissal, while still a source of concern for employers, is likely less of a threat than it is sometimes thought of. Employees placed in potential constructive dismissal suits must be very careful, or else they may find they have very limited recovery. However, an employer in British Columbia has attempted to push the weaknesses of constructive dismissal to the extreme. In fact it appears to have tried to push the concept farther than it can reasonably bear.
Allen v. Ainsworth Lumber Company, common-law notice period, constructive dismissal, contractual notice period, employment contracts, employment law, mitigation, termination, termination notice, working notice
February 22, 2012 Earl Altman Employee Relations, Human Resources, Privacy and Security
The Ontario Court of Appeal decision in Jones v. Tsige deals with a novel claim, one for damages for invasion of personal privacy. This decision has garnered a great deal of comment in the popular press in the time since its release. Is the decision as radical as some writers have suggested? What are the implications for privacy rights in Ontario, and, in particular, the conduct of employers and employees?
breach of personal privacy, Canadian Charter of Human Rights and Freedoms, class action lawsuit, Court of Appeal, damages for invasion of personal privacy, disclosure of personal information, Due diligence, employment law, improper disclosure of confidential information, intrusion upon seclusion, invasion of personal privacy, Jones v. Tsige, ontario, personal information, privacy legislation, privacy rights in Ontario, Second Restatement of Torts, tort of breach of privacy
February 21, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Standard for Customer Service, Standard for the Built Environment
Andrew Lawson recently introduced our readers to the StopGap one-step ramp project at www.stopgap.ca. The group offers businesses in Ontario a one-step accessibility ramp for free. Sounds great, right? Well, during my several years on Ontario’s accessible built environment standards committee, we addressed the issue of one-step ramps and members raised valid reasons not to assume this is a fix in all situations. So what is the conundrum?
accessibility, accessibility markings, accessibility ramp, accessibility rules, accessible built environment standards, barriers, built environment standards committee, employment law, mobility device, one-step ramp, one-step ramp conundrum, snow removal, Special Olympics, StopGap, tripping hazard, winter maintenance
February 17, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources
All jurisdictions in Canada provide for a number of public (also called statutory or general holidays) holidays each year. Some are common to all jurisdictions; others are specific to individual provinces and territories. This year, Family Day falls on Monday February 20, 2012.
Alberta, Day off with pay, employment law, employment standards act, Employment Standards legislation, Family day, general holidays, manitoba, ontario, President's Day, Prince Edward Island, Public Holiday, public holidays, Saskatchewan, Statutory Holiday, statutory holidays, Time off with pay
February 17, 2012 Christina Catenacci Human Resources, Union Relations
After examining Canada’s international labour obligations, Saskatchewan’s Court of Queen’s Bench, has confirmed that section 2(d) of the Charter (the freedom to associate) includes the right to strike. This is something the courts have historically refused to admit in their decisions.
canadian charter of rights and freedoms, Charter, Committee on Freedom of ASsociation, employment law, essential services, freedom of association, freedom to associate, ILO, Industrial Relations, International Labour Ogranization, international standards, Labour Law, legislation violate Charter rights, Public Service Essential Services Act, right to strike, Saskatchewan, Saskatchewan’s Court of Queen’s Bench, Supreme Court of Canada
February 16, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources
Following the increased occurrence of bullying in schools among Canadian youths aged 11 to 16, and high-profile suicides of young persons due to bullying, several jurisdictions in Canada are in the process of enacting anti-bullying laws. The aim of the laws is…
anti-bullying laws, Bullying in schools, BullyingCanada.ca, educational institutions, employment law, harassment, school boards, violence, violence in schools, workplace violence
February 16, 2012 Henry J. Chang Corporate Immigration, Human Resources
Citizenship and Immigration Canada has been providing guidance to foreign nationals seeking extensions of their work permits through CPC Vegreville, while waiting for an LMO or CAQ to be approved. According to CIC, if a foreign national is ready to submit a work permit application to CPC Vegreville, but is waiting for an LMO or CAQ, the application may still be submitted, but only within two weeks of the expiry date of his or her existing work permit. In addition, proof that the LMO/CAQ request was made must also be included with the application.
CAQ, Certificat d’acceptation du Québec, CIC, Citizenship and Immigration Canada, HRSDC, Human Resources and Skills Development Canada, Immigration Québec, Labour Market Opinion, LMO, work permit
February 16, 2012 Henry J. Chang Corporate Immigration, Human Resources
On November 22, 2011, in response to an assessment of Iran’s nuclear program by the International Atomic Energy Agency, Canada imposed new sanctions under the Special Economic Measures Act. Citizenship and Immigration Canada has now provided instructions on how it will apply these economic sanctions to Iranian immigrant investors.
CIC, Citizenship and Immigration Canada, Department of Foreign Affairs and International Trade, economic sanctions, Federal Immigrant Investor Program, Federal Investor Class, Immigration Law, Iran, Iranian nationals, Operational Bulletin 378, provincial nominee program, Quebec Investor Program, Regulations Amending the Special Economic Measures (Iran) Regulations, Special Economic Measures Act, temporary residents, transferring funds, Visa
February 15, 2012 Matt Lalande Employment/Labour Standards, Human Resources
The case of Olivares v. Canac Kitchens (another in the long list of wrongful dismissal accounts against Canac Kitchens) arose from the termination of a 24-year employee. The employee was an uneducated shipping supervisor with poor English, who oversaw a team of loaders and coordinators. His salary was approximately $93,000, including overtime pay and benefits. He spent his entire Canadian working life with the company, communicating almost exclusively in Spanish. In May 2008, Canac Kitchens ceased its manufacturing operations and, as a result, Olivares was left looking for work…
Bardal Factors, Canac Kitchens, Di Tomaso v. Crown Metal Packaging Canada, employment law, employment standards act, hiring a lawyer, Keays v. Honda, mitigation, Olivares v. Canac Kitchens, payment in lieu of notice, termination, wrongful dismissal
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
