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News and Discussions on Payroll & Employment Law

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March, 2012

Researching budget changes

The day after the federal budget, it might be useful to share some thoughts about researching this budget, as well as related provincial budgets, for changes that might affect payroll source deduction and reporting.

 

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No proportionality, no cause for termination

Manitoba’s Court of Queen’s Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months’ severance as set out in the employment agreement regarding a termination without cause.

 

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HR’s role in Apple’s success

What is it about the Apple Store that’s just so great? Is it the super chic product line? The fact that you can tinker with just about anything in there? The super modern layout and design? All of those things are neat, sure, but I’d argue there’s something more—something you may not have paid as much attention to…

 

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Appeal Court recognizes health and safety risks associated with sex-trade laws

On March 26, 2012, the Ontario Court of Appeal acknowledged that, “prostitution is a controversial topic, one that provokes heated and heartfelt debate about morality, equality, personal autonomy and public safety,” and overturned two of the three sections of the Criminal Code‘s prostitution law on the grounds that they are unconstitutional.

 

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Is the flu a disability?

Is the flu, etc., covered by human rights law and other Canadian legislation like Ontario’s Accessibility for Ontarians with Disabilities Act?

 

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Internships and the law

You might have heard or read something in the past few months about internships—their status with respect to employment standards and whether it’s even legal to employ such workers without paying them. It’s no small issue. Many organizations rely on unpaid interns to do work for which they can’t afford to hire an employee proper…

 

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Making your employee handbook enforceable

A regular issue for employers is whether the provisions in their employee handbook are enforceable in the same manner as an employment contract. Many employers are surprised to find that they are not…

 

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More news on Air Canada: pilots challenge the back-to-work legislation

The Air Canada pre-emptive back-to-work legislation saga continues. Now the pilots have challenged the pre-emptive back-to-work legislation in court arguing that it prevents strikes or lockouts, forces the pilots to keep flying, and coerces the pilots to accept a contract imposed by arbitration in a process that is completely skewed given it was designed to favour the airline’s position…

 

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Slaw: PRPPs vs. VRSPs

On March 21, 2012, Quebec became the first province to set up a detailed framework of provincial rules that will apply for PRPPs.

 

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Court of Appeal confirms entitlement to disability benefits

Most employers are familiar with the potential legal exposure to damages that arises from dismissing an employee without cause. The damages are normally quantified by the value of compensation the dismissed employee would have received during the agreed-upon or court-ordered period of reasonable notice. However, most employers would not contemplate the possibility of having to pay the dismissed employee the value of disability benefits he or she would have received under a disability insurance policy until age 65…

 

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Vacation scheduling for the summer starts now!

As a Human Resources Generalist or as a manager or department supervisor, this is the time of year that the memo goes around the office: ALL EMPLOYEES PLEASE SUBMIT YOUR VACATION REQUESTS. How you set up your procedures and policies is key to a smooth and organized vacation schedule that balances your employees’ vacation requests and your organizational demands.

 

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Introducing guest blogger Marcia Scheffler

We are happy to welcome Marcia Scheffler to our roster of regular bloggers at First Reference Talks.

 

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The social interview: a case study

Recruiters and employers use social media to screen job applicants on a daily basis. Employers are Googling, Facebooking and checking tweets, walls, status updates and photos of prospective employees, including Linkedln accounts, as a first step in recruiting.

From this new employment practice the concept of the social interview was born.

 

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Risk-based pension regulation: fancy name, but what does it mean?

The Financial Services Commission of Ontario (FSCO) is proposing a risk-based system of regulating pension plans. Essentially, this means improving risk assessment and monitoring, following five principles…

 

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Pension proposals and programs in Ontario

Among the day-to-day political crises that come and go in the news, pension reform has persisted for years now. Is the current system sustainable? Are Canadians saving enough? How can the government make citizens pay more attention to pensions? What role do employers play in engaging workers?

 

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