Thursday, February 9th, 2012
One of the main barriers to a good decision is uncertainty. This is especially true when…
Read the rest of this post »Wednesday, February 8th, 2012
The federal government is facing a $450-million class-action lawsuit for failing to provide sickness employment Insurance benefits to women already receiving maternity EI benefits while on maternity leave. The aim of the lawsuit is to ensure no other new mother who becomes seriously ill during maternity leave has to fight for sickness benefits.
Read the rest of this post »Tuesday, February 7th, 2012
A January 25, 2012, British research study indicates that people who work 11 or more hours a day have double the odds of becoming depressed compared with those who don’t work overtime. But why is this important for us as employers to know?
Read the rest of this post »Monday, February 6th, 2012
The Canadian Centre for Occupational Health and Safety has released an online tool to help organizations that handle chemicals comply with requirements under Canada’s WHMIS, the United States’ OSHA standard and the new Globally Harmonized System of Classification and Labelling of Chemicals. If you’re keeping an eye on the GHS implementation, this might interest you…
Read the rest of this post »Friday, February 3rd, 2012
The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…
Read the rest of this post »Thursday, February 2nd, 2012
Many people continue to deny others equal treatment, intentionally and not. Law Times offers a recent example of alleged systemic discrimination; the case Law Society of Upper Canada v. Selwyn Milan McSween raises the question of whether racism hinders black lawyers’ participation in big law firms in Ontario.
Read the rest of this post »Thursday, February 2nd, 2012
Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.
Read the rest of this post »Tuesday, January 31st, 2012
The National Occupational Classification (NOC) 2011 is the current departmental standard and was approved on November 21, 2011. The NOC was jointly released for free by Statistics Canada and Human Resources and Skills Development Canada (HRSDC) today and includes…
Read the rest of this post »Monday, January 30th, 2012
Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…
Read the rest of this post »Friday, January 27th, 2012
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
Read the rest of this post »Thursday, January 26th, 2012
Last year I told you about the plan to release a voluntary national standard for mentally healthy workplaces. The standard aims to help Canadian employers support the psychological health and safety of their employees by providing them with the necessary guidelines and tools to achieve measurable improvements in psychological health and safety in the workplace.
Read the rest of this post »Tuesday, January 24th, 2012
I am going to tell you a story that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. For those readers who pass the test, congratulations, you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!
Read the rest of this post »Monday, January 23rd, 2012
Hunter Harrison, the former Chief Executive Officer of Canadian National Railway (CNR), faces a dilemma in dealing with his obligations under a non-compete covenant to his former employer. Harrison is being pursued by CNR competitor Canadian Pacific Railway to assume the position of CEO, but taking that position might violate the non-compete agreement.
Read the rest of this post »Friday, January 20th, 2012
Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.
Read the rest of this post »Thursday, January 19th, 2012
On January 6, 2012, the Department of Homeland Security announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens who are in the United States but need an immigrant waiver of unlawful presence bar to apply for the waiver within the United States.
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Leslie D Foreman:Andrew Taillon:
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