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News and Discussions on Payroll & Employment Law

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September, 2012

Identifying vulnerable workers and precarious work

The Law Commission of Ontario recently published their “Interim Report on Vulnerable Workers and Precarious Work”, a province-wide study that is designed to provoke public feedback on or before October 1, 2012. In response to the feedback gathered, the LCO intends to release a culminating report in the winter of 2012.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week’s HRinfodesk newsletter deal with the new EI benefit for parents with critically ill children, constructive dismissal and benefits for workers who work past 65 years of age…

 

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Slaw: Should workers’ compensation pay for injured worker’s medical marijuana?

A recent Saskatchewan Court of Queen’s Bench decided that an injured worker should have his case heard on its merit to determine if his medical marijuana should be paid for by workers’ compensation.

 

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Collective agreement sets out new terms for a new day at the pulp and paper plant in Port Hawkesbury NS

On July 9, 2012, the Nova Scotia Labour Board filed an interim order certifying Communications, Energy and Paperworkers Union, Local 972, the combination of three previously separate bargaining units, namely the Mill Division, Clerical Division and the Woodlands Division, as the bargaining unit for employees of the NewPage pulp and paper plant in Port Hawkesbury NS.

 

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What can we learn from recent critical workplace violence incidents?

Under Canadian Occupational Health and Safety legislation, employers are obligated to take all reasonable steps to maintain a safe work environment. In many Provinces (e.g., Ontario, British Columbia, Alberta) as well as the Federal jurisdiction, employers are statutorily obligated to put in place a workplace violence prevention and intervention program (i.e., measures and procedures designed to mitigate the risk of harm from work-related violence)…

 

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OHS poster, increased ESA enforcement and next MOL safety blitz includes violence prevention

The Ministry of Labour in Ontario is putting in place several enforcement measures to ensure compliance with Employment Standards and Occupational Health and Safety, including proactive and increased inspections of workplaces.

 

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Not all releases are created equal

A recent case from Ontario is cautioning employers to think twice before relying on a release from an employee to shield them from a future wrongful dismissal claim.

 

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Update on the poor working conditions at Apple’s factories in China

In a previous FR Talks post, we discussed alleged poor working conditions found at Apple Inc.’s factories in China. Since then, at the request of certain parties, the Fair Labour Association (FLA) got involved and proceeded to audit these factories which resulted in an investigation report in March, 2012 and a verification status report in August 2012, substantiating the claims of poor work conditions in said factories.

 

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Slaw: Advice from Ontario Privacy Commissioner: Make privacy part of your corporate culture

The Ontario Information and Privacy Commissioner is calling on organizations to make privacy a part of their corporate culture. Dr. Ann Cavoukian, says it is not enough for organizations to have a privacy policy in place – they must take steps on an ongoing basis to make sure it is reflected in every aspect of their operations.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week HRinfodesk newsletter deals with assessing a probationary employee, dismissing an employee based on a serious misconduct and the upcoming workplace mental health standard…

 

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Canada’s laws fuel migrant worker exploitation: Report

According to a published report titled “Made in Canada: How the Law Constructs Migrant Workers’ Insecurity” by the Metcalf Foundation, Canada’s reliance on low-wage migrant workers with temporary immigration status is growing but the employment and labour laws of the country make them vulnerable to abuse.

 

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Human Rights Tribunal dismisses seven allegations of age discrimination

Since Ontario eliminated mandatory retirement back in 2006, age has become one of the most often cited ground for discrimination in human rights case law. In Zholudev v. EMC Corporation of Canada, 2012 HRTO 626, the Ontario Human Rights Tribunal scrutinized an employee’s allegations of age discrimination in the context of the employer’s promotion and termination practices.

 

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OHRC releases consultation report on human rights, mental health and addictions

On Thursday, September 13, 2012, the Ontario Human Rights Commission (OHRC) released Minds That Matter: Report on the consultation on human rights, mental health and addictions, which is the result of what they heard from the consultation across the province and sets out a number of key recommendations and commitments to address human rights issues that affect people with mental health disabilities or addictions.

 

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An education campaign about courtesy/priority seating signs on transportation vehicles

In the Integrated Accessibility Standards Regulation, under the Accessibility for Ontarians with Disabilities Act, there is the Standard for Transportation. Under this standard there is a section about courtesy seating in vehicles, specifically…

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week HRinfodesk newsletter deals with salary projections for 2013, taxability of fitness memberships and discipline linked to terminations.

 

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