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News and Discussions on Payroll, HR & Employment Law

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Author Archive - Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of payroll, employment and labour law, payroll, HR analytics, corporate immigration, accessibility related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

 

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Ontario pension reforms – Where are they now?

The pace of pension reforms in Ontario has been fast-moving since the release of the Ontario Budget on March 28, 2018. Among other things, the Budget announced continued work on the new funding rules for defined benefit pension plans and related increases to coverage under the Pension Benefits Guarantee Fund, a consultation on a new funding framework for target benefit multi-employer pension plans, consultations regarding new protections for plan members affected by employer insolvencies, and continued work on the new pension and financial services regulator, the Financial Services Regulatory Authority.

 

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The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

 

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What will the provincial election mean for labour and employment law?

With the Ontario provincial election looming, the three major political parties are on very different paths with their plans for for labour and employment law. The Liberals seem to be aiming to maintain the status quo. The Progressive Conservatives are aiming to freeze minimum wage and the New Democratic Party has plans for sweeping changes to both the labour and employment law regimes.

 

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Proposed changes to the Quebec Act respecting labour standards: What employers need to know

On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.

 

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New compensation rules will affect all Ontario employers

Before the Ontario legislature closed for business pending the outcome of the June 7 election, Ontario enacted Bill 3, which imposes new obligations on employers relating to the hiring process and the reporting of workplace compensation. Bill 3 presents new risks but also opportunities for all employers in the province.

 

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Bill 176’s proposed amendments to the Act Respecting Labour Standards (“ARLS”)

From the proposed amendments to the new act, we can already anticipate a substantial impact on employers. Here are some of the main proposals, divided into 8 broad categories:

 

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Propositions de modifications à la Loi sur les normes du travail (la « LNT ») par le Projet de loi no 176 06 avril 2018

Voici les faits saillants des modifications législatives proposées dans ce projet de loi, repartis en 8 grands thèmes :

 

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Termination of employment does not terminate ability to apply for LTD benefits

The case discussed in this article is important because it is a common concern of those who become disabled that they will cease to have access to LTD coverage if their employer terminates their employment before LTD benefits commence. What this decision appears to stand for is the proposition that it does not matter when employment ends, it matters when the injury or illness commenced.

 

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Claiming constructive dismissal as an independent contractor

Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes. Facts The case concerned a commercial real estate broker, Barresi, who was retained […]

 

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Bill C-65 – Amendments to the Canada Labour Code dealing with sexual harassment and violence

Federally-regulated employers, including those covered by the PESRA, should consider whether Bill C-65’s proposed changes require an examination or revision of current policies and practices on workplace violence or harassment.

 

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Projet de loi C-65 – Modifications au Code canadien du travail portant sur le harcèlement et la violence sexuels

Dans la foulée des allégations d’inconduite sexuelle, les débats devraient commencer sur le projet de loi C‑65 du gouvernement fédéral. S’il est adopté, ce projet de loi renforcerait les protections contre la violence et le harcèlement au travail, y compris le harcèlement et la violence sexuels, dans les milieux de travail de réglementation fédérale.

 

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Occupational Health and Safety: Duty to report and protection against reprisal

Employers should be particularly alert to the provisions of OHS Acts in considering actions taken by workers outside of the usual lines of reporting at the workplace where unsafe work conditions are alleged. The OHS Acts of each province in Atlantic Canada imbue workers with specific rights related to workplace safety.

 

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The Supreme Court of Canada issues landmark decision on the scope of human rights legislation

The Supreme Court of Canada recently issued a much-anticipated decision on the scope of human rights legislation, finding that the British Columbia Human Rights Code is not limitless in its scope, and instead created a new contextual test to determine whether alleged discriminatory conduct is conduct within the scope of the Code.

 

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Workers now eligible for WSIB benefits for chronic mental stress and workplace harassment

The recent changes to the Workplace Safety and Insurance Act may well be a blessing for employees without other remedy or recourse. At this time, it appears possible that employees who have been subject to chronic workplace stress may be able to apply to the WSIB for some form of benefit. What the WSIB and the WSIAT do with this new entitlement is yet to be seen.

 

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