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Employment/Labour Standards

Employer obligations and the right to vote

The Canadian federal election is scheduled for October 21, 2019. Under the Elections Act (Canada), Canadian citizens who are at least 18 years of age have the right to vote.

 

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Thanksgiving Day in Canada: Monday, October 14

In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 14.

 

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Ministry of Labour inspections

The Ministry of Labour has been busy implementing its Healthy and Safe Ontario Workplaces Strategy. Introduced by the previous Wynne government, the initiative has focused on small Ontario industrial businesses. A small business is one with fewer than 50 workers.

 

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Beyond “9 to 5”: Understanding Ontario’s overtime rules

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance?

 

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When should an employer issue an ROE in case of separation of employment?

Section 19(3)(i) of the Employment Insurance Regulations (SOR/96-332) states that an employer must issue the Record of Employment (ROE) within 5 days after the employee’s earnings are “interrupted.”

 

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Excluding STD and LTD during notice period voids termination clause

In Cormier v 1772887 Ontario Limited c.o.b. as St Joseph’s Communications (2019 ONSC 587), Justice Perell had to determine the enforceability of the following ESA termination clause:

 

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Q&A: Frustration of employment

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on “frustration of employment.”

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with accessibility plan and report filing deadlines, termination clauses in employment contracts and improving job situations for older workers.

 

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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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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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“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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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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