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Employment/Labour Standards

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with and EI claim and Service Canada’s opinion, metal stress injuries at work and labour relations changes under Bill 66.

 

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Federal government adopts “modern” labour standards

In the fall of 2018, the Federal Government introduced Bill C-86, the Budget Implementation Act, 2018 (“Bill”). This Bill, which primarily implements the 2018 federal budget plans, introduced a large variety of legislative changes to a number of laws. Included amongst the proposed changes is the modernization of labour standards in the Canada Labour Code and the introduction of the Pay Equity Act.

 

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Clauses to include in an employment contract

Employers in Ontario should require employees to sign an employment contract before starting work.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a new statutory holiday, an overhaul of health care and a new minimum wage.

 

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OLRB rules that when it comes to severance it’s Ontario-based operations alone

In his application, Mr. Hawkes sought review of the January 25, 2017 decision of an Employment Standards Officer (“ESO”), who determined that he was not entitled to severance pay pursuant to section 64 of the Act.

 

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Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

 

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Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

 

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2019 Ontario Employment Law Conference: #LearntheLatest about continuing changes to employment law

Learn the Latest at the Ontario Employment Law Conference

Early-bird registration is now open – reserve your seats before March 31st to be eligible.

 

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Can an employee refuse a recall from a temporary layoff?

Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with privacy laws and T4s, pay transparency reporting requirements, and a breach of salary information under the Personal Information Protection Act in Alberta.

 

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OCA upholds ESA related termination clause

In Nemeth v Hatch (2018 ONCA 7), the Court was faced with the following termination clause:

 

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The employee’s responsibility under the “Code”

Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?

 

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Ontario, Alberta and British Columbia statutory pay guide

Employment standards laws in Ontario, Alberta and British Columbia prescribe minimum overtime pay, minimum statutory holiday pay, minimum vacation pay and minimum wage.

 

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Arbitrator orders nurse who was caught stealing narcotics to be reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

 

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Constructive dismissals – not blank cheque to refuse re-employment

A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.

 

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