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International HR Law

Top 4 mistakes US employers make when expanding into Canada

With the hot Toronto tech skills market and the favourable dollar exchange, US employers are increasingly looking north of the border to expand for new business and for new talent.  Here are four common mistakes US employers will want to avoid:

 

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Human factors influencing safety in the workplace

Safety is expensive, but an accident is even more costly. All organizations, all business owners, all managers, supervisors and workers in all workplaces need to understand the effect of work performed on the human body and how we influence the demands of the work we do through human interaction. Both of these things relate to the correlation between the worker and the demands of the work they do, known as ergonomics and human factors.

 

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Top 3 mistakes of executives upon termination

Whether a frontline employee on an hourly wage or a senior salaried executive with extensive and complicated variable compensation, there is an equally shared truth upon termination of employment:  it hurts, and you are now required to negotiate your termination package in the midst of emotional and financial turmoil.

 

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A Canadians with Disabilities Act would be great wouldn’t it?

Even before the ratification of the UN Convention on the Rights of Persons with Disabilities, there was real thought being put into the potential development of a Canadians with Disabilities Act. It began with the structuring of the International Day of Persons with Disabilities and has found its permanence with other large scale developments such as the development of UN policy and focus on the inclusion of people with disabilities.

 

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TFW program administrative monetary penalties for employer non-compliance

Background As was previously mentioned, Jason Kenney, Minister of Employment and Social Development, and Chris Alexander, Minister of Citizenship and Immigration, announced changes to Canada’s Temporary Foreign Worker (“TFW”) program on June 20, 2014.  Among these changes was a proposal to impose fines of up to $100,000 on employers who violated the TFW program.  The […]

 

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Multiculturalism Day in Canada

Did you know that the 1st nation to adopt ‘multiculturalism’ as an official policy was Canada?

 

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CIC issues expanded guidance on C12 specialized knowledge intra-company transferees

On June 9, 2014, Citizenship and Immigration Canada issued Operational Bulletin 575 (“OB 575”), which provides expanded guidance for intra-company transferee (“ICT”) work permits issued to specialized knowledge workers under the general ICT (C12) category. This guidance imposes a more rigorous definition of “specialized knowledge” as well as a mandatory wage requirement for some ICTs. However, OB 575 makes clear that this expanded guidance does not apply to specialized knowledge ICTs entering Canada pursuant to the North American Free Trade Agreement or to any future or current Free Trade Agreements.

 

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BC Labour Relations Board waters down Irving Pulp

drug testing

Employers are still wrestling with the consequences of the Supreme Court’s landmark decision on the random drug and alcohol testing of employees in Irving Pulp. While the initial reaction from arbitrators appears to suggest that Irving Pulp made the likelihood of such a program surviving a challenge minimal, a decision out of the British Columbia Labour Relations Board indicates that there may still be room in Canada for these sorts of programs.

 

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Canada’s wage journey Infographic: Ten years of minimum wage and its history

Minimum wage is ever increasing. In light of the 2014 minimum wage increases in several provinces and territories in Canada, we wanted to take a look back at the journey of minimum wage in our country and all of its jurisdictions in this infographic.

 

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Government of Canada proposes significant amendments to the Citizenship Act

On February 6, 2014, Citizenship and Immigration Minister Chris Alexander unveiled Bill C-24, the Strengthening Canadian Citizenship Act, which will be the first significant amendment to the Canadian Citizenship Act since 1977. Although Bill C-24 contains several welcome changes…

 

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Labour Day, Monday, September 2, is the next public (statutory) holiday

Labour Day originates in the labour union movements of the 1800s as a way to celebrate the social and economic advancements and to pay tribute to the driving force of our economy. The history of Labour Day continued to be connected with organized labour. Initially, the first unofficial “Labour Days” in Canada were […]

 

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Where to sue – A complex issue of jurisdiction in wrongful dismissal

Through mergers and expansion many Canadian companies now have substantial foreign operations. As a result, employees often find themselves, whether by choice or compulsion, transferred to a foreign country. When a dispute arises with the employer while the employee is working in that foreign country, the question arises as to which justice system will take jurisdiction over that dispute. Clearly, the obligation on the employee to sue in the foreign jurisdiction will increase both the cost and the inconvenience of enforcing her rights under her contract of employment, whether written or oral.

 

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Six in ten workers around the world would telecommute full-time

Career advancement website HowDoIBecomeA.net recently featured an infographic on trends in telecommuting around the world. Apparently, one in five workers globally telecommutes frequently, and seven percent of workers work from home every day. Research shows that six in ten workers worldwide would telecommute full-time if their employer allowed it. Why do employers not allow it? In Canada, about 37 percent of workers say their employer needs them to be at their workplace…

 

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Number of arrests in the NFL: one too many bad apples?

If you’ve been following sports at all this month, you’ve likely heard about the number of high profile arrests involving members of the National Football League. This string of charges leads us to the question of how much responsibility, if any, an employer has for an employee’s behaviour outside of the workplace.

 

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Big brother contestants – rightfully terminated?

The CBS reality show Big Brother recently made headlines when two of its female contestants were fired from their jobs back home due to racist and homophobic comments made towards fellow contestants. Because the contestants have no contact with the outside world while on the show, neither person is aware that they have been fired or that their workplaces have spoken to the media about their terminations.

 

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