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Employee Relations

Victoria Day, a public (statutory) holiday in some jurisdictions

On Monday May 20, 2013, most Canadians get a day off work with pay on what is called Victoria Day.

 

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Bills to enact Pooled Registered Pension Plans

As anticipated, since the federal Pooled Registered Pension Plans Act came into force December 14, 2012, several provinces have followed suit and tabled legislation to implement the new kind of portable deferred income plan, which is designed to provide retirement income to workers and self-employed persons who do not have access to an employer-sponsored retirement pension plan.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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Employees who sometimes work outside Ontario?

Did you know that the Employment Standard Act (ESA) applies to work performed outside Ontario that is a continuation of work performed in Ontario?

 

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How can employers make legitimate deductions from an employees pay under the Ontario Employment Standards Act

A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.

 

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eHarmony online dating site will be matching job applicants with employers – Is that a good idea?

The media has reported that the online dating website eHarmony will be entering the recruiting business—matching employers with people looking for a job. Beginning first in the United States likely in June 2013, and soon thereafter in Canada, eHarmony plans to use its matching technology used to pair singles looking for love matches in a different way—it plans to help find the perfect employment union. That is, eHarmony will be using its technology to create the perfect harmony between job candidates and employers. How successful will this venture be, and will it change how employers find new employees?

 

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Global Accessibility Awareness Day – May 9

Today, May 9, 2013, is the second year for Global Accessibility Awareness Day! This day is meant to “get people talking, thinking and learning about digital (web, software, mobile, etc.) accessibility and users with different disabilities”

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the difficulty of characterizing the employment relationship as that of independent contractor, the taxability of employer-paid membership fees and the high price of age discrimination.

 

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Learn the latest! — Specific termination provision upheld after sale of business

When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.

 

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Just Us Coffee Co-op – Balancing fair trade and worker rights

On Sunday, April 28, 2013, there was a demonstration outside the Just Us Coffee’s office in Grand Pré to support two former employees of an outlet in Halifax, Nova Scotia, who claim that the fair trade company fired them for attempting to organize their co-workers.

 

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Nova Scotia government proposes new unpaid leaves under the Labour Standards Code

The Nova Scotia government has tabled a new Bill which proposes to amend the Labour Standards Code to create new unpaid leaves for parents and guardians. If passed, Bill 3, the Support for Parents of Critically Ill or Abducted Children Act, will give employees the right to take the following unpaid leaves:

 

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The law of dismissals: just cause is not a lost cause

Dismissals for cause can be one of the most interesting and challenging issues within the world of HR. While some companies have simply given up, I often say that “just cause is not a lost cause”.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the drafting of termination clauses to exclude benefits, a collision involving two employees in the employer parking lot entitling them to WSIB benefits and the right of employers to hire employees with certain language skills.

 

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Fairness for probationary employees?

The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.

 

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Assessing the risk of violence at work

Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:

 

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