August, 2012
August 31, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
Labour Day originates in the labour union movements of the 1800s as a way to celebrate the social and economic advancements and to pay tribute to the driving force of our economy. The history of Labour Day continued to be connected with organized labour. Initially, the first unofficial “Labour Days” in Canada were [...]
employment law, general holiday, Labour Day, Labour Law, Labour union movements, National holiday, Paid time off, Public Holiday, Statutory Holiday, Time off with pay, trade unions
August 30, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting,
The three most viewed articles in this week HRinfodesk newsletter deals with upcoming income tax changes, loss of reputation and performing work that is proscribed…
damage awards, Department of Finance, Economic Action Plan 2012-A Plan for Jobs, employment law, Growth and Long-Term Prosperity, income tax changes, insensitive termination, Loss of reputation, medical restrictions
August 30, 2012 Christina Catenacci Health and Safety, Human Resources,
The cases, R. v. Metron Construction Corporation, and R. v. Swartz, are now posted online and we thought you would be interested in a more in-depth commentary of these two cases.
Bill C-45, criminal code, employment law, fall protection, fines, Fines and penalties, Joel Swartz, Metron, occupational health and safety act, offence, punishment, scaffold
August 29, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
Employees, and employers, frequently seek to paint the employment relationship in a different manner in order to serve whatever goals they may have in either their employment or in the operation of their business. The writer has seen countless “Consulting Agreements” which merely attempt to clothe an employee with some characteristics of an independent contractor in the hope of either reducing taxes or avoiding Employment Standards Act responsibilities.
Assignment Agreement, Confidentiality Agreement, Consulting Agreements, definition of employee, employment contract, employment law, employment relationship, employment standards act, Employment status, Form Selection Clause, independent contractor, termination
August 28, 2012 Simon Heath Employee Relations, Human Resources, Human Rights,
Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…
budgetary reasons, Disability, Disclosing medical information, discrimination, discrimination on the basis of disability, duty to accommodate, employee discipline, employment law, human rights code, Human rights complaint, human rights tribunal, medical notes, poor performance, Shearer v. The Royal Canadian Legion, stress, termination
August 27, 2012 Amery Boyer Employee Relations, HR Analytics, HRMS, Human Resources, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation,
Job descriptions have many uses, the most obvious being to describe key responsibilities and serve as a basis for salary or pay. However, a job description has the potential to deliver far more than this…
critical accountabilities, employment contract, HR issues, Human Resource Management, implementation tools, job description, Job descriptions, key success factors, knowledge, performance management, policy, productivity, skills and abilities, solid business plan, standards of performance
August 24, 2012 Yosie Saint-Cyr Accessibility Standards, Announcements, HR Policies and Procedures, Human Resources,
We are very pleased to announce that Michele Glassford, Editor of Human Resources PolicyPro, Ontario, British Columbia, Alberta, Manitoba & Saskatchewan, and Atlantic editions, published by First Reference Inc., will be sharing her expertise with our readers on First Reference Talks, covering issues surrounding HR policies and best practices, starting in September 2012.
D.R. Hancocks & Associates Inc., employee handbook, employment law, HR policies, Human Resources PolicyPro, Labour Law, legislative requirements, Michele Glassford, policies and procedures, policy analyst, policy manual
August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.
bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly
August 23, 2012 Yosie Saint-Cyr Human Resources, Payroll, Pensions and Benefits,
The three most viewed articles in this week HRinfodesk newsletter deals with OHS reprisals, dismissal because employee issued threats, and WSIB benefits for employee assaulted at work…
Dismissal, dismissing an employee for just cause, employment law, harassment, HRinfodesk, OHS reprisal, OHSA, termination, threats, workplace violence, wsib, WSIB benefits
August 23, 2012 Matt Lalande Accessibility Standards, Employment/Labour Standards, Health and Safety, Human Resources, Standard for Employment,
Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…
accommodating a disability, accommodation, damages for wrongful dismissal, dismissing an employee for just cause, employment law, just cause, Notice of termination, summary dismissal, termination, Termination and Severance of Employment, termination for cause, termination pay, wheelchair bound, wrongful dismissal claim
August 22, 2012 Yosie Saint-Cyr Accessibility Standards, Announcements, Human Resources,
We are very pleased to announce that Stringer LLP, Management Lawyers, in Toronto, Ontario, have agreed to blog on First Reference Talks, starting in September 2012.
blog, Blog posts, bloggers, Blogging, Conferences, employment law, Gu, guest bloggers, HR Law, Labour Law, Management lawyers, Seminars, Stringer LLP
August 22, 2012 David Hyde Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security,
A growing body of research suggests that serious acts of workplace violence are frequently precipitated by “warning signs” (i.e., less serious incidents and/or observable “behaviours of concern”). Perhaps the most famous example in the cultural consciousness is the continuing signs of mental instability exhibited by Seung Hui Cho for a number of months prior to perpetrating the mass shooting at Virginia Polytechnic Institute (“Virginia Tech”) in April, 2007.
aggressive behaviour, complaints, concerning behaviours, identification of actual or threatened violence, mental instability, potential threats of violence, problematic behaviours, report incidents, social media sites, threat assessment, Threat identification, threat management, violence prevention, violence risk screening, Virginia Polytechnic Institute, workplace violence, workplace violence incident
August 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
There is an implied term of the employment contract that when an employee is terminated without cause, they will be provided reasonable notice of termination. (Of course, an employer can avoid the reasonable notice requirement by including an express provision regarding termination in the employment contract.)
award damages, Bardal v. Globe & Mail Ltd, employment contract, employment law, length of reasonable notice, notice period, pay in lieu of notice, reasonable notice, reasonable notice of termination, severance arrangement, terminated without cause, termination, working notice
August 20, 2012 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation,
This is a follow-up post to my previous post on a business perspective on unpaid internships in the United States.This post deals with more of a Canadian business perspective, and when it comes to internships in Canada, the regulations are anything but clear. There are currently no laws in Canada regulating internships specifically, so provincial employment standards acts are the only form of governance. For the most part, internships in Canada are paid, however in some sectors (media, PR, journalism) internships go often unpaid. In the United States, some candidates are actually paying employers for unpaid internships. Luckily in Canada, things haven’t gone that far. However, Canadians are still fairly unaware of what unpaid internships are all about.
appraisals, employee, field-specific training, hiring an unpaid intern, interns, paid position, post secondary institution, providing a service, trained in skills, training and experience, unpaid intern, unpaid internships
August 17, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
As I mentioned recently, the arbitrator favoured Air Canada’s final offer to its pilots to resolve the labour dispute – the collective agreement will be effective until April, 2016.
binding arbitration, Canadian Human Rights Act, Charter, collective agreement, Collective Bargaining, contrating out of human rights laws, Federal Court, final selection arbitration, Industrial Relations, labour dispute, Labour Law, mandatory retirement policies, Pilot's Association, pilots, provision in the agreement, Supreme Court of Canada
I was at a wedding reception recently, where immigrant parents who had made a living as factory workers or administrative staff showed off their children... – May 21, 9:23 AM
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
