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News and Discussions on Payroll, HR & Employment Law

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2013

2013 Clawbies announced ― First Reference Talks is honoured to have won the Fodden award

The 2013 Clawbie Awards have been announced. First Reference Talks is honoured and humbled to have won the Fodden Award for Best Canadian Law Blog. It is a huge compliment and appreciate the recognition…

 

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Public holiday reminders, season’s greetings and holiday break

The team at First Reference Inc. and First Reference Talks blog wishes everyone a very Happy Holiday Season and all the best for the New Year! / L’Équipe de La Référence et du billet First Reference Talks vous souhaite de belles fêtes et une bonne et heureuse année. In addition, we would like to remind you of the three public/statutory holidays…

 

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Breaking the traditions!!! from recruitment metrics to talent acquisition analytics

At this time of year, we are reminded of many things – one of which is that traditions are everywhere… culturally, personally, in-business and life-at-large. Even though traditions are tremendously important to us and for our families, we sometimes need to break the old, and create new! Which is what I suggest with the way you might have been measuring, tracking and managing your recruitment and talent acquisition activities.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with the recent federal budget legislation that passed third reading in the house of commons; how the use of prescribed marijuana by employees creates new questions for Canadian employers; and managing performance issues to avoid constructive dismissal claims.

 

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Train your employees: It’s more beneficial than you think!

Even if you’re running a small business, it’s tough to scrape out the cost of training your new hires from your earnings…

 

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OLRB upholds MOL finding that a vehicle is a “workplace” for the purposes of the OHSA

In a recent decision Hydro One Networks Inc. v. Thisdelle 2013 CanLii 67867, the Ontario Labour Relations Board (“OLRB”) has upheld the decision of a Ministry of Labour Inspector (“MOL Inspector”) to issue a ticket against a Hydro One transportation and utility vehicle on the basis that the vehicle in and of itself constituted a “workplace” and therefore fell within the jurisdiction of the Occupational Health and Safety Act (“OHSA”). This decision gives a broad definition to “workplace” and no doubt means that other vehicles will fall within the jurisdiction of the OHSA.

 

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Ontario employers must provide workers with mandatory health and safety training by July 1, 2014

A new regulation under Ontario’s Occupational Health and Safety Act mandates basic safety awareness training for all Ontario workers and supervisors – with a specific focus on small business and vulnerable workers.

 

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Bill 146 proposes crack down on temporary agencies and limits freedom of choice for construction workers

The Ontario Government has proposed legislation which would dramatically alter the legal landscape with respect to the obligations of employers when they use temporary agency workers. Bill 146 also broadens the definition of “worker” under the Occupational Health and Safety Act, broadens the notification requirements for employers who hire foreign workers and makes it more difficult for unionized construction workers exercise their freedom of choice to decide whether they still wish to be represented by a trade union.

 

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Ashley Madison’s $20M employee lawsuit for workplace related injuries

Ashley Madison, the world’s leading website for married people seeking extramarital affairs, recently made headlines when a former employee sued the Canadian-based organization for $20-million for injuries sustained while creating fake profiles of women for the site. Doriana Silva was hired by Ashley Madison to help launch a Brazilian version of the dating site. Shortly […]

 

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Canada lifts visa requirement for the Czech Republic

On November 14, 2013, Canada’s Citizenship and Immigration Minister Chris Alexander announced that, effective immediately, Czech nationals will no longer require a temporary resident visa to visit Canada. Czech nationals can now stay in Canada for up to six months visa-free, which is consistent with all other visa exempt nationals. This reverses Canada’s previous decision to impose visa requirements on Czech nationals, which came into effect on July 14, 2009.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with significant changes to employment and labour law in Ontario, wrongfully dismissing an employee for refusing to sign an updated list of duties, and an employee’s duty to mitigate.

 

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CIC announces changes to the Canadian Experience Class

On November 9, 2013, Citizenship and Immigration Minister Chris Alexander announced significant changes to the Canadian Experience Class (“CEC”). Citizenship and Immigration Canada (“CIC”) will now impose a total annual cap on the number of new CEC applications that it accepts and introduce limits on the number of applications that may be accepted in certain occupations. In addition, CIC will change the timing of when language ability is assessed.

 

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The latest Ontario defeat for non-competition covenants

Readers of this blog have read of the difficulty encountered by employers in Ontario in drafting and enforcing non-competition covenants. The obstacles to enforcing such covenants were highlighted in a decision of the Superior Court released on April 5, 2013, the employer was faced with a concerted effort by three of its employees to open a competitive business within its market…

 

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Lessons from the mistakes of others: Reliance on an unenforceable termination clause is costly

A recent judgment of the New Brunswick Court of Appeal has once again affirmed the importance of carefully drafting termination clauses in employment contracts. In this case, the Court upheld a trial judgment that a termination clause which purported to limit the employee’s notice entitlement to 20 days was not enforceable. The Court of Appeal’s […]

 

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The courts giveth, and the courts taketh away

The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.

 

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