First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Author Archive - Employer Advisor, McCarthy Tétrault LLP

McCarthy Tétrault through their Employer Advisor blogs offers their perspectives on the latest legal developments applicable to the workplace. It provides their insights on legislative and regulatory developments, as well as new case law, while providing practical tips for employers and their human resources professionals when managing the workforce. McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. Several of their blog posts will be republished with permission on First Reference Talks. Read more

The British Columbia Supreme Court on family status discrimination: Parenting roles, stereotypes and in-flux jurisprudence

The recent British Columbia Supreme Court decision in Envirocon Environmental Services, ULC v. Suen confirms that the law in British Columbia with respect to family status discrimination remains unsettled. The decision also provides insight into the reasoning of the British Columbia Human Rights Tribunal regarding parenting roles and stereotypes and the interpretation of the purposes underlying the British Columbia Human Rights Code.

 

, ,

5 questions regarding PIPEDA’s mandatory breach reporting – What human resources professionals need to know

This blog answers 5 key questions employers have with respect to the new mandatory breach reporting requirements under PIPEDA.

 

, , , , , ,

New rules regarding police record checks: Employers take note

On November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will come into effect in Ontario. Employers should take steps now to ensure that their police record checks policy and procedures are in compliance with the new standardized procedure.

 

, ,

Ontario announces that it will be “making Ontario open for business” by repealing Bill 148

Today the Government of Ontario announced that it will introduce sweeping “Open for Business” legislation that will remove burdens on businesses while also protecting workers. In other words, the Government of Ontario, as promised, will be “getting rid” of Bill 148.

 

, , , ,

Modifications importantes à la Loi sur les normes du travail (Québec)

Le 6 avril 2018, nous avons publié un billet de blogue résumant les modifications principales proposées à la Loi sur les normes du travail du Québec par le Projet de loi no 176 – Loi modifiant la loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation famille-travail.

 

, , , , , , , , , , ,

Important amendments to an Act Respecting Labour Standards (Quebec)

On June 12, 2018, Bill 176 was passed and assented by the National Assembly. Since it includes numerous important amendments and differs from the version that was originally presented, we have reproduced certain provisions which may be of interest, following 8 general themes.

 

, , , , , , ,

Supreme Court of Canada upholds workers’ compensation order against site owner

The decision in this case is an important reminder about an owner’s worksite safety obligations. Owners must ensure the health and safety of their own employees, as well as the employees of other contractors on site.

 

, , , ,

Managing marijuana in the workplace

The Tribunal’s helpful statement in this case that an employee does not have an absolute right to use marijuana in the workplace and that it would be unreasonable to expect an employer to formally test an employee to determine the level of impairment before it could raise health and safety concerns should provide employers with some reassurance.

 

, , , , , , , ,

Alberta Court of Appeal rules on termination clause

The case of Holm in this article is a good reminder of the importance of drafting clear and unambiguous termination clauses and the consequences of failing to do so.

 

, , ,

Recent amendments to Alberta’s Occupational Health and Safety Code bring big changes to Alberta workplaces

This blog provides a summary of some of the key changes to the Alberta’s Occupational Health and Safety Code relating to joint work site health and safety committees, health and safety representatives, harassment and violence.

 

, , , , , , , , , , , , , , , , , , , , , , , ,

New employer health tax in British Columbia

BC’s government has announced that the revenues from Medical Services Plan (MSP) premiums, which are to be eliminated effective January 1, 2020, will largely be replaced with an “employer health tax.” The employer health tax will be effective January 1, 2019.

 

, , , ,

BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided,” and “avoidable”, loss

A recent BC Court of Appeal decision is a good reminder and summary of the principles underlying an employee’s duty to mitigate following a wrongful dismissal, and confirms that post-termination income in excess of supplementary income that an employee has earned while employed is properly deducted from a wrongful dismissal damages award.

 

, , , , , , , , , ,

BCCA issues guidance on the role of unions in the employee accommodation request process

Employers may be permitted to deal with an employee directly in relation to a request for accommodation without involving the union, as the matter falls within the employer’s right to direct and manage the workforce.

 

, , , , , ,

Changes to the public holiday pay calculation in Ontario

Ontario is assessing its public holiday system under Part X of the Employment Standards Act, 2000. Until this assessment is complete, public holiday pay will revert back to its pre-Bill 148 calculation.

 

, , , , , , ,

BC Government introduces new leave of absence protection under Employment Standards Act

The changes introduced by the BC government eliminate the conflict for provincially-regulated employees between the availability of 18 months of employment insurance benefits and only 12 months of job protection.

 

, , , , , , , , ,

Previous Posts