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May, 2012

Slaw: ‘Gay-Straight Alliances’ in schools part of anti-bullying Bill

Through Standing Committee on Social Policy hearings, the government heard that students should be allowed to call student-led, single-issue groups specifically “Gay-Straight Alliances” or other similar names. This has angered some Christians, among them Evangelical and Catholic groups as well as their leaders, who feel that this Bill would force them to allow clubs with the name “Gay-Straight Alliance” in their schools. They feel accepting such a premise violates their beliefs, Charter rights and religious freedom.

 

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Most-viewed articles this week on HRinfodesk

The war is over (and you’re fired)! In the history of questionable dismissals of employees, the saga of journalist Edward Kennedy has to rank near the top of the list. Over 65 years after his firing, his former employer has apologized. (In PDF) Is excessive Internet use time theft? It is now common [...]

 

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Have SIN card changes been well thought out?

In its omnibus budget Bill C-38, the federal government is giving itself the ability to eliminate the use of physical Social Insurance Number cards. According to an article in the May 16 issue of the Globe and Mail, actual SIN cards will no longer be issued as of March 2014. Currently Employment Insurance and Canada Pension Plan legislation requires employers to ask to see the actual card.

 

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Applying pension lessons learned from paper mill closures

On May 17, 2012, the Province of Nova Scotia adopted Bill 86, the NewPage Port Hawkesbury Pension Plans Act in response to a request by members of Local 972 of the Communications, Energy, and Paperworkers Union of Canada. The Act extends the life of four underfunded defined pension plans for the employees of the former NewPage Port Hawkesbury pulp and paper mill.

 

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Yahoo’s failure to confirm new CEO’s references lands company in trouble

Everyone exaggerates their accomplishments on their résumé, right? You say, “Executive Assistant,” when you really mean “Assistant to the Executive Assistant.” You say you were involved with a project that increased profits, improved worker productivity and reduced injuries, when you mean you were accidentally invited to a meeting where the project was discussed. You say you got a university degree that you did not. The last one happened recently in a big way…

 

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How far can an employer go in imposing appearance-based requirements?

In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However,…

 

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Injured worker was not able to receive loss of earning benefits after his termination

The Workplace Safety and Insurance Appeals Tribunal decided in February that an injured worker who was receiving workers’ compensation benefits up to his termination was not entitled to any further benefits as of the date of his termination. Does this seem fair?

 

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Slaw: Could cellphone use constitute electronic presence at crime?

The National Post recently presented the interesting case in which a New Jersey judge must decide whether someone can be “electronically present” in a car, even if they physically aren’t there, and, if so, whether the person can be held liable for events that take place, or that are caused by their electronic presence.

 

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Most-viewed articles this month on HRinfodesk

Beware of terminating long-term employees without proper notice The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards. Entitlement to paid sick leave and termination pay [...]

 

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What you should know about the Ontario Employment Standards Act

Most employers in Ontario are aware that the Employment Standards Act imposes standards on employers with respect to the treatment of employees. However, many are not aware that they are required to display a poster issued by the Ministry of Labour titled, “What You Should Know about the Employment Standards Act.” This poster, which can be downloaded from the ministry’s website, advises employees of their rights with respect to employment standards of hours of work, wages, public holidays and more…

 

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AODA compliance: the good, the bad and the ugly

Today’s post is all about hearing from you! Questions arise as to how organizations are dealing with the Accessibility for Ontarians with Disabilities Act compliance requirements. I want to hear from you about the good, the bad and the ugly! Allow me to share your expertise or stories with the rest of the province. Of course, the idea is to help others meet compliance and use the lessons you’ve learned to encourage others. As for your bad ideas that turned ugly, organizations can really use that information to avoid similar pitfalls.

 

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A new look and a new blog!

In our continued efforts to provide our readers with valuable and easy-to-use information on the topics that matter, First Reference introduces Inside Internal Controls, a new blog on all things governance and risk management! Follow Jeffrey Sherman, FCA, Ron Richard, Maanit Zemel, myself and others, as we discuss corporate governance, finance and accounting, [...]

 

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Introducing guest bloggers Alison Bird and Amery Boyer

We are very pleased to announce the two newest additions to our growing team of experts! Alison J. Bird will discuss labour and employment law, and Amery Boyer will discuss broad human resources issues for the Atlantic provinces.

 

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Plastic SIN card to be phased out

In an attempt to save money, protect privacy and prevent identy theft, the Globe and Mail reports, the federal government has introduced plans within budget Bill C-38, to cut the social insurance number (SIN) card.

 

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Victoria Day, a public (statutory) holiday in some jurisdictions

On Monday May 21, 2012, most Canadians get a day off work with pay on what is called Victoria Day.

 

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