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Wages and Compensation

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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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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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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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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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Wages by occupation, 2016; The risks of mischaracterizing an employee as an independent contractor; and Employer ordered to pay over $53,000 for unpaid general holiday and vacation pay.

 

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Celebrating National Aboriginal Day

On June 21, National Aboriginal Day is celebrated in Canada. This day of recognition and celebration was established to honour the unique heritage, diverse cultures and outstanding contributions of First Nations, Inuit and Métis peoples. The Northwest Territories and Yukon are currently the only two jurisdictions in Canada that recognize June 21 as a statutory holiday.

 

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Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

 

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Employee engagement in the modern workplace

The modern workplace requires innovation, agility and creativity when it comes to employee engagement, learning and development, how to accept and embrace the high turnover, gig economy, and how to stop generalizing generations. Few would disagree that an organization will only grow and thrive when it can figure out how to engage all individuals, not just certain demographics or generations.

 

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