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2019

The Government of Canada implements its New Preclearance Act

On August 15, 2019, US Department of Homeland Security announced that the United States and Canada had implemented its Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of the United States of America and the Government of Canada (Preclearance Agreement). The Preclearance Agreement was signed by the US Secretary of Homeland Security and Canadian Minister of Public Safety and Emergency Preparedness on March 16, 2015, as part of the Beyond the Border Action Plan.

 

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Boosting safety performance in the workplace

Safety program implementation is crucial within the workplace, but without the ongoing cooperation of employees to uphold safety performance, safety hazards become a greater risk.

 

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Maternity and parental leave policies: To top up, or to tap out? That is the question…

New York-based bank JP Morgan Chase has recently been getting a lot of attention in the media after paying a hefty 5 million dollars to settle charges that their parental leave policy was discriminatory towards their male employees. It is believed that the settlement will impact up to 5,000 fathers who were denied parental leave benefits.

 

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Frustration of contract can be resolved by summary judgment – Does not require a trial

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

 

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5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay increases in 2020, employee burnout and tax payments for RRSP contributions.

 

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All about overtime

Despite many workplaces that are trying hard to keep work hours reasonable and limit them to 40 hours per week, in busy workplaces, overtime is very often inevitable – at least once in awhile.

 

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Workplace harassment provisions coming to the Canada Labour Code

As many of you know, several new amendments to the Canada Labour Code (“the Code”) came into effect on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence.

 

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Objective evidence required when attempting to limit or deny an employee’s accommodation request

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

 

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“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

 

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Ontario Court of Appeal says “moral blameworthiness” a factor in sentencing for Occupational Health and Safety Act offences

In the recent decision in Ontario (Labour) v New Mex Canada Inc., the Ontario Court of Appeal found that it may be appropriate to impose harsher sentences for offences under the Occupational Health and Safety Act where offenders’ conduct shows elevated “moral blameworthiness”.

 

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Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

As in all investigations, the only way to sort out information that does not seem to make sense is to ask. In the case of complainants who may have experienced a traumatic event, asking such questions in a calm, non-judgmental way is more important than ever.

 

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Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.

 

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Labour Day is an annual holiday with some changes in Alberta and federally regulated sector

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the CRA’s new payment on filing policy, termination provisions and employment insurance benefits.

 

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