The increasing internationalization of employment has resulted in greater complexity for employers in determining which country’s laws will apply to the employment relationships they enter. While the general presumption is that the law of the province, territory or state in which the employee works will apply, the appropriate locale is not always easy to determine. The employee may work in a number of jurisdictions, or be hired in one jurisdiction and placed to work in another. In order to avoid the potential pitfalls in such relationships…
We’re pleased to present lawyer Andrew Langille of Youth and Work on what the law in Ontario says about unpaid internships. Here, Andrew focuses on the impact of unpaid internships on interns themselves, but organizations and businesses that use or hope to use unpaid interns must pay attention. It is crucial to know whether your intern is legally an intern (and therefore not subject to Ontario’s Employment Standards Act), or actually an employee. And the answer might surprise you.
Regulations to amend the Employment Insurance Regulations have been published in the Canada Gazette to extend the Best 14 Weeks pilot project until 2013. The Working while on Claim pilot project is being replaced by a new project to encourage claimants to work more while receiving benefits. These Regulations are now in force.
Employer properly withheld documents in access to information request Alberta’s privacy commissioner confirmed that an employer properly withheld certain information from an employee because the personal information of a… Ontario Court of Appeal upholds nearly $200,000 in damages for loss of disability benefits during common law notice period Reasonable notice under the common [...]
According to Susan J. Herman, author of Hiring Right, A Practical Guide, the interview is the most frequently used selection tool and the least valid and reliable. Validity is the degree to which a selection tool like testing or interviewing measures what it is supposed to measure. The closer a statistic is to 1, the more valid it is. Yet interviews have an average validity of 0.14 while ability testing has an average validity of 0.53.
On June 21, the Ontario Court of Appeal reversed the trial decision in Bowes v. Goss. It held that the duty to mitigate does not apply where an employment contract contains a clause setting out an employee’s severance entitlement arising from a termination without cause. However, the decision maintains the duty to mitigate where it is expressly incorporated in the employment contract.
A closer look at the economic effect of unpaid internships on employers and interns themselves.
Ontario’s recently enacted workplace violence amendment places a legal onus on provincially regulated employers to safeguard employees from the risk of domestic violence in the workplace. Additional jurisdictions are likely to follow suit. In legal terms, domestic violence is increasingly becoming a foreseeable workplace risk. In moral terms, inaction on this growing workplace issue would introduce unacceptable human risk.
Gender identity and access to women’s washroom facilities Would it be discriminatory to prohibit a pre-operative, male-to-female transsexual from entering a women’s washroom? The answer should be of interest to any employer or business offering services or accommodation to the public. (In PDF) Performance review must take into consideration a person’s disability An [...]
Citizenship and Immigration Canada recently updated its Foreign Worker Manual, which provides guidance to CIC and Canada Border Services Agency officers who adjudicate work permit applications. The updated version includes revisions to sections that describe the C12 and NAFTA intracompany transferee exemptions.
CIC announces temporary pause on most federal skilled worker applications and all federal immigrant investor applications
On June 29, 2012, Citizenship and Immigration Canada published Operational Bulletin 438, which states that a temporary pause has been placed on new applications filed under the Federal Skilled Worker Program, excluding applications received under the PhD eligibility stream and those with a qualifying offer of arranged employment. A temporary pause has also been placed on all new applications filed under the federal Immigrant Investor Program.
An Ontario labour arbitrator just allowed an employee’s grievance after the employer terminated him for swearing, refusing to leave the workplace and threatening the vice-president with a shovel. As horrible as this incident sounds, the employer had absolutely no proof of the events because the employer did not follow its own policy and conduct a proper investigation.
A photo of a beautifully designed stairway with an integrated accessibility ramp recently caught my eye. It is a fine example of a creative and attractive solution to a problem we are seeing more and more. Unfortunately, I think the stair is actually a hazard for anyone who uses it, not just persons with disabilities!