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Ontario considers big changes to Employment Standards Act and Labour Relations Act

For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act.

 

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Are remote employees the answer?

The difficulty with identifying talent has been very well documented. It is a common topic of discussion in both academic and corporate circles. But for people who are unemployed the notion of a scarcity of talent sounds exceedingly ludicrous. How can there be a scarcity of talent when there are so many people unemployed?

 

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Gender pay equity: How do you measure up?

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.

 

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Update on Express Entry

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…

 

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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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Interviews: 6 reasons why HR should really rethink them

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.

 

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New Brunswick’s Human Rights Act: Amendments proposed

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.

 

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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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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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Probationary clauses: A double-edged sword for employers

Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether an individual is suitable for a position. In the absence of an express term in an employment contract, employees in Canada are entitled to reasonable notice of termination at common law when they are dismissed without just cause. Many employers put terms in their employment contracts, such as probationary clauses, which limit this entitlement. However, employers may not always be clear on the implications of such clauses.

 

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Contract enforceability: Signing the employment contract prior to the start date

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.

 

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President Trump’s new travel ban: What you need to know

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.

 

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Probationary period clause gets employer into hot water

Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can result in your organization being ordered to provide a probationary employee with common law reasonable notice of termination. This blog discusses one such case.

 

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