Recruiting and Hiring
The gender pay gap has been much in the news lately as well as on the minds of the CEO and CHROs. It’s an issue that exists at the intersection of state/federal legislation, social values/ethics, and the economic realization that gender pay equity is good for business.
As of April 12, 2017, Immigration, Refugees and Citizenship Canada had issued a total of 59 rounds of Invitation to Apply under Express Entry. A summary of these rounds are as follows…
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.
Interviews are by nature fraught with problems and really should only be used in cases where some system has been put in place to mitigate the inherent dangers in interviews or supplement their shortfalls. While this is by no means an exhaustive list, here are a few problems with interviews.
On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.
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.
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.
When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if the contract can be set aside. If the contract can be declared void, the employee can try to pursue the typically much greater common law damages. There are several grounds upon which courts have set aside either the full contract or at the least, the termination provision. This blog post will focus on the issue of signing the contract prior to the start date.
On March 6, 2017, President Trump signed a new executive order (the “New Order”), implementing a new travel ban. However, unlike the original travel ban (which became effective immediately), the New Order will become effective at 12:01 am EDT, on March 16, 2017. This 10–day delay is intended to provide sufficient time for affected parties (including international airlines and government agencies) to prepare for the ban, in an attempt to avoid the same confusion caused by the original travel ban.
Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?
Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.