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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how an employee’s decision to retrain affected his right to damages after termination, improvements to CRA services for small and medium businesses and union-friendly changes to the certification process included in Bill 148, Fair Workplaces, Better Jobs Act.

 

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IRCC announces details of global skills strategy

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

 

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Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam

Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.

 

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Update: Ontario Liberals announce changes to labour law—and a $15 minimum wage

While rumours of a $15 minimum wage have been swirling around since the past month, the announcement comes as part of the Ontario Liberal’s bigger campaign to protect vulnerable workers. The announcement also confirmed the rumours that annual vacation pay will be rising from two weeks to three weeks for employees that have worked at their jobs for at least five years.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: workplace strategies where there is a risk of impairment from cannabis, how an employer’s suspicion alone was not enough to prove an allegation of sick leave abuse and how one employer dodged a penalty after failing to adhere to re-employment obligations.

 

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Don’t take a chance on it: The uncertainty of ESA-only termination clauses

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide for continued health benefits during the statutory notice period. A month later, the Court of Appeal responded with its decision in Wood v. Fred Deeley Imports Ltd. where it overturned a motion judge’s ruling upholding a similar termination provision. And so, the age old debate about the enforceability of ESA-only termination provisions rages on.

 

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The damages formerly known as Wallace – Are they still relevant?

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a repeal of an increase in OAS age of eligibility, an employer’s refusal to pay bonus not amounting to constructive dismissal and the determination that an employee’s cessation of LTD benefits couldn’t advance by way of action.

 

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Summarizing WSIB’s proposed Rate Framework

One of the key goals of the proposed Preliminary Rate Framework is to implement a “streamlined and simpler classification structure”. The word “simpler” is key!

 

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Canada Day, statutory (public) holiday: Celebrating 150 years!

Canada celebrates 150 years on July 1! In all provinces and territories, Canada Day is a statutory (public) holiday. This year, July 1 is a Saturday, a non-working day for most. Therefore, what day will employees have off work?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Supreme Court rules on drug-related dismissal; Harassment as an independent cause of action; and Server awarded damages for sexual harassment.

 

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Ontario takes on part-time employment

In Minister Flynn’s address to the conference participants, it was evident that one of the objectives of Bill 148 was to discourage the growth of part-time employment at the expense of full-time employment by introducing a number of measures to reduce or eliminate any savings employers might achieve by hiring part-time employees rather than full-time employees.

 

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Long-term construction employees may be entitled to reasonable notice of termination

Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.

 

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Celebrating Discovery Day in Newfoundland and Labrador

In Newfoundland and Labrador, Discovery Day is celebrated on the nearest Monday to June 24. This year, Discovery Day falls on Monday, June 26, 2017. While Discovery Day is a paid holiday for government employees in the province, it is not a statutory (public) holiday under the Labour Standards Act.

 

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Celebrating Saint-Jean-Baptiste Day in Quebec

In Quebec, Saint-Jean-Baptiste Day, Fête nationale du Québec et de la Francophonie canadienne, is a statutory holiday on June 24 each year.

 

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