June, 2012
June 29, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
On June 20, 1868, a proclamation signed by the Governor General Lord Monck called upon all Her Majesty’s loving subjects throughout Canada to join in the celebration of the anniversary of the formation of the union of the British North America provinces in a federation under the name of Canada on July 1…
Canada Day, Day off, employment law, Labour Law, memorial day, Public Holiday, public holidays, Public National Holiday, Statutory Holiday, statutory holidays, Time off with pay
June 29, 2012 David Hyde Employee Relations, Health and Safety, Human Resources, Privacy and Security,
The Conservative government is poised to enact the first substantive expansion of citizen’s arrest laws in Canada since 1955. The catalyst for the Bill C-26 amendment to the citizen’s arrest section of the Criminal Code of Canada was the 2010 case of Toronto grocer David Chen who faced criminal assault charges after performing a citizen’s arrest of a habitual thief he had seen stealing from his store earlier in the day.
Bill C-26, citizen's arrest, citizen's arrest by employees, criminal code, criminal offence, David Chen, Employer liability, employment law, non-security employees, Pope v. Route 66 Clothing Inc., private security, R v. Chen et. al., reasonable time, risk management, Section 494, The Citizen’s Arrest and Self-defence Act, training, vicarious liability, video surveillance, violence, workplace hazard, workplace theft or assault, workplace violence
June 28, 2012 Yosie Saint-Cyr Health and Safety, Human Resources, Payroll, Source Deductions and Reporting,
Emergency response plans in the workplace: A recent HRinfodesk poll asked readers if they have an emergency response plan at their workplace. Out of 146 respondents, 105 respondents (72 percent) said they do… Stepping up employment standards enforcement and education: The province of Alberta is proceeding on plans to step up employment standards [...]
Alberta, budget, budget bill, education, emergency response plan, employment law, employment standards, Human Resources, province, royal assent
June 28, 2012 Amery Boyer Human Resources, Union Relations,
On March 5, 2011, the Nova Scotia Labour Board issued an interim order that could set a precedent across Canada, not just in Nova Scotia. The International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada, Local 849 applied to certify contract workers employed on an as-required basis by Egg Films Inc.
bargaining unit, Collective Bargaining, Egg Films, employment law, Industrial Relations, labour board, Labour Law, Nova Scotia, union, union certification, unionized construction sector, unionized film industry, unionized workplaces, Unions
June 27, 2012 Earl Altman Employee Relations, Human Resources,
In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.
Alberta, Breach of duty, breach of duty of confidence, confidential information, confidentiality, conflict of interest, duty of confidence, employment agreement, employment law, fiduciary duty, fiduciary obligation, Lac Minerals v. International Corona Resources Ltd., misappropriation of confidential information, reasonable man test, reasonable person, reasonableness
June 26, 2012 Yosie Saint-Cyr Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Employment, Training and Development,
MasterChef Contestant Christine Ha is legally blind. She navigates the kitchen with the help of a cane and a support person. According to the judges, the dishes she prepares for each challenge are amazing and she is a great cook. It goes to show, despite her disability, Ha is able to compete with contestants with no disabilities, and perform the challenges with above average results.
Accessibility for Ontarians with Disabilities Act, accessibility standard, amateur chefs, AODA, assistive device, Christine Ha, Convention on the Rights of Persons with Disabilities, denial of opportunities, Disability, duty to accommodate, employment law, Fox Reality TV Show, identify and remove barriers, legally blind, Master Chef, Master Chef Contestant, MasterChef, persons with disabilities, support person, UN Enable, workforce
June 25, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations,
The New Brunswick Court of Queen’s Bench recently challenged the Human Rights Commission’s decision to dismiss an employee’s discrimination complaint based on age as without merit. The employer denies discriminating against the employee on the basis of his age, and maintains that the employee was terminated for poor performance.
age, age discrimination, Bona Fide Retirement Plan, collective agreement, discrimination, employment law, forced retirement, human rights commission, investigator, Labour Law, New Brunswick, performance issues, progressive discipline, retirement, termination, workplace investigation
June 22, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources,
June 24 is Quebec’s official holiday and all employees in Quebec are entitled to the holiday. Public holiday pay for the holiday is equivalent to…
Act Respecting Labour Standards, Commission des Normes du Travail, Droit du travail, employment law, Fete Nationale, National holiday, Paid day off, Public Holiday, public holidays, Quebec, Religious holiday, St-Jean Baptiste Day, St. John the Baptist Day, Statutory Holiday, statutory holidays
June 22, 2012 Christina Catenacci Health and Safety, Human Resources,
On Christmas Eve, 2009, four workers fell to their death at a Toronto construction site from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. The result: charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were filed against the individuals and companies involved in the construction project.
Bill C-45, Christmas Eve scaffolding deaths, construction project, Construction Regulations, criminal code, criminal negligence, criminal negligence causing death, employment law, failing to ensure a worker was adequately trained, failing to take reasonable care, guilty pleas, Metron Construction, occupational health and safety act, scaffold, Workplace accident
June 21, 2012 Yosie Saint-Cyr Human Resources,
The death knell for human resources? A recent article in the Globe and Mail’s careers section caused me to do a triple-take. It quoted studies indicating that the more an organization seeks to be undiscriminating and merit-based in its employment practices, the less likely it is to achieve those objectives. (In PDF) Just [...]
EI, Employment Insurance, HR, Human Resources, work absence, workplace absenteeism
June 21, 2012 Clear Path Employer Services Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Training and Development,
In today’s blog we will further discuss the challenges facing Bill Bonka as the company heads into court to defend itself against charges of failing to take reasonable precautions and failing to implement an effective workplace harassment program. After investigating the details of the case, the Ministry of Labour laid charges against both Billy Bonka Confectioners Inc. and a manager…
failing to take reasonable precautions, failure to implement an effective workplace harassment program, occupational health and safety act, OHSA, ontario, withholding information, workplace harassment, workplace violence, workplace violence and harassment policy
June 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
In Survival Systems Training Ltd. v. Survival Systems Ltd., the Nova Scotia Supreme Court recently dismissed a company’s motion for a injunction to prevent former employees from engaging in competitive activities. The Court confirmed that employers must meet a high threshold in order secure an injunction which would effectively prevent a former employee from working in their chosen vocation.
conflict of interest, direct competition, employment law, employment relationship, engaging in competition, interlocutory injunction, non compete, non-competition, non-solicitation, restrictive covenants
June 20, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights,
June 21, 2012, is First Nations Day in Canada, and June 27, 2012, is Multiculturalism Day, and is worth mentioning.
Aboriginal people, duty to accommodate, employment law, First Nations Day, Indian, Inuit, Métis, Multiculturalism Day, Northwest Territories, Nunavut, Public Holiday, public holidays, Statutory Holiday, statutory holidays
June 20, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Information and Communications,
The Federal Court of Appeal has upheld a legally blind woman’s 2010 legal victory over the federal government, ordering the government to make its websites accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act, but it does show us how website accessibility matters and has an impact on promoting accessibility for persons with disabilities.
Accessibility for Ontarians with Disabilities Act, Accessible websites, AODA, blindness, canadian charter of rights and freedoms, Disability, discrimination, Donna Jodhan, equal access to online information, Integrated Accessibility Standards Regulation, ontario, Physical disability, visual impairments, web accessibility, Web Content Accessibility Guidelines, website accessibility
June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security,
How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…
balance of probabilities, conducting interviews, confidential information, Davis LLP, defamation, employment law, false imprisonment, good faith, gross negligence, identify risks, intentional infliction of mental suffering, internal investigation, Karen Bock, liability, negligent infliction of mental suffering, negligent investigation, occupational health and safety act, OHSA, ontario, record keeping, Tatha Swann, third-party investigator, violation of privacy, workplace incidents, workplace investigations
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
