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Employment/Labour Standards

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Amendments to the Occupational Health and Safety Awareness and Training Regulation; overview of Bill C-45 to legalize marijuana; and Budget 2017 Bill to implement employment insurance measures.

 

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11 HR policies you need right now for legal compliance

I learned a new way of looking at policies recently. The standard ways that you do things at your workplace, how you treat and manage your employees, your day-to-day practices—these are your HR policies and procedures, regardless of whether you’ve written them down or not.

 

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EI benefits: New parent, more time off and more money?

To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act. The Government also proposes to amend the Canada Labour Code to ensure that workers in federally regulated sectors have the job protection they need while they are receiving caregiving, parental or maternity benefits. Workers in provincially regulated sectors will have to wait and see if provincial legislation will also be changed to extend job protection for 18 months. Without job protection, the flexibility to receive EI benefits over a longer period of time will be meaningless.

 

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Wrongful dismissal: When does the limitation period clock start running?

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

 

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Good Friday, Easter and Passover in 2017

Good Friday, observed on April 14 this year, is a statutory holiday recognized across Canada. Also, Easter Sunday, observed on April 16 this year, is a retail holiday in some provinces and territories. Regarding Easter Monday, the Federal Government, as well as certain federally regulated workplaces, recognize the day as a statutory holiday. Although, this may not necessarily be the circumstance for the provinces and territories.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Budget 2017’s proposed changes to maternity and parental leave; Bill 168 and compliance regarding violence provisions under OHSA; and employee sexual harassment and reprisal.

 

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Using independent contractor not a “get out of jail free” card

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

 

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Don’t accept a resignation too quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employment agreement not signed before the first day of work; a volunteer in a coma who willingly assumed risks of the task that caused his injury; and the electronic distribution of T4 information slips.

 

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Constructive dismissal? A question of interpretation

The employee in this case acted hastily, and the employer prevailed against his constructive dismissal claim. However, the employer may have avoided the time and expense of litigation if the bonus agreement had contained clear, concise language.

 

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Compensation for Employers of Reservists Program update: Part 2

As you may recall, we at Human Resources PolicyPro have been following up on the Compensation for Employers of Reservists Program (CERP) since 2015. On February 3, 2017, the federal government announced the roll–out of the CERP.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario’s current and upcoming minimum wage; whether the terms of an employee’s employment contract could be implied because of industry practice; and Ontario Human Rights Commission’s new report, Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants.

 

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Are employees of a marijuana dispensary protected by employment standards?

With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]

 

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Home renos and employment agreements: How employers can avoid the money pit

With home repairs, there is risk in DIY. Similarly, employment agreements require the input of an expert. If you’re not an employment lawyer, don’t try this (i.e. drafting or revising an employment agreement) at home.

 

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Federal Budget 2017-18

On March 22, 2017, Canada’s Finance Minister Bill Morneau tabled the Liberal Government’s Federal Budget 2017, Building a Strong Middle Class, which includes various measures affecting payroll, and an abundant amount of measures that would be of interest to employers, including the extension of maternity leave to 18 months, the electronic distribution of T4 information slips, and the elimination of various tax credits.

 

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