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Pensions and Benefits

Entitlement to bereavement leave in Ontario

How much paid bereavement leave is an hourly employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to personal emergency leave?

 

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Dependent contractor receives 12 months pay in lieu of notice

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.

 

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Parental obligations in the workplace

For many of us who are parents, September feels like the real New Year. Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally.

 

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Ontario’s employment and labour law reform Bill continues to undergo changes

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.

 

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Labour Day is a global and national annual holiday

Across Canada, Labour Day is a public holiday that is observed on the first Monday in September every year. This year, Labour Day is Monday September 4, 2017. Government bodies and agencies, as well as most businesses, are closed on Labour Day.

 

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A primer on undue hardship and frustration of contract

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

 

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Summarizing WSIB’s proposed Rate Framework, part 3

This blog is the final chapter of a three-part series which examines the fundamental proposed changes to WSIB’s method of business classification and application of premium rates.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

 

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Court comments on when employers can ask for an independent medical examination

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (IME) in certain circumstances, to facilitate the accommodation process.

 

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Must you include bonuses when calculating lost wages?

In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.

 

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Major issues with minor provisions – Child leaves

Ontario’s Bill 148 “Fair Workplaces, Better Jobs Act, 2017″ was introduced on June 1, 2017 and it is assumed that with the Liberal majority, it will pass into law in the fall. The bill proposes a few changes to leave entitlements in Ontario which are a step in the right direction but which in my opinion still contain an inexplicable flaw, common in most provinces.

 

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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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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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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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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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