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News and Discussions on Payroll & Employment Law

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February, 2012

Tense union negotiations the new norm?

It’s easy to see that that role of workers’ unions is changing, and unions no longer have the respect or power they once had. A couple of recent events in Ontario make that increasingly clear. Is this just how union relations work in the globalized and unsettled economy? Are unionized workers’ demands too great for these austere times?

 

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How to comply with two laws at the same time

Learning the little bit of information contained herein may very well prevent your organization from litigating a very expensive legal action.

 

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Intern not ‘employee’ for CPP and EI deduction purposes

I just read a case coming out of the Tax Court of Canada that confirmed an intern working for a charitable organization was not an “employee”; rather, she was a scholarship recipient. Therefore, the organization didn’t have to make any source deductions such as CPP and EI on behalf of the intern.

 

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Data vs. uncertainty

One of the main barriers to a good decision is uncertainty. This is especially true when…

 

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$450-million EI class-action lawsuit

The federal government is facing a $450-million class-action lawsuit for failing to provide sickness employment Insurance benefits to women already receiving maternity EI benefits while on maternity leave. The aim of the lawsuit is to ensure no other new mother who becomes seriously ill during maternity leave has to fight for sickness benefits.

 

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Excessive overtime doubles depression risk

A January 25, 2012, British research study indicates that people who work 11 or more hours a day have double the odds of becoming depressed compared with those who don’t work overtime. But why is this important for us as employers to know?

 

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Labelling tool helps organizations comply with WHMIS, OSHA, GHS

The Canadian Centre for Occupational Health and Safety has released an online tool to help organizations that handle chemicals comply with requirements under Canada’s WHMIS, the United States’ OSHA standard and the new Globally Harmonized System of Classification and Labelling of Chemicals. If you’re keeping an eye on the GHS implementation, this might interest you…

 

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Human Rights Tribunal barred from hearing application: no forum-shopping allowed

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

 

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Slaw: Systemic discrimination in law firms: Perception or reality? My point of view

Many people continue to deny others equal treatment, intentionally and not. Law Times offers a recent example of alleged systemic discrimination; the case Law Society of Upper Canada v. Selwyn Milan McSween raises the question of whether racism hinders black lawyers’ participation in big law firms in Ontario.

 

Tax and employment insurance issues when settling dismissal claims

Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.

 

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Accounting Standards for Private Enterprises: what to do about defined benefit plans?

Is your company making the transition to Accounting Standards for Private Enterprises (CICA Handbook, Part II)? Do you have employees in a defined benefit pension plan? You should know that the Accounting Standards Board has approved amendments to CICA 1500, “First-time adoption” and Section 3461, “Employee future benefits”…

 

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