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News and Discussions on Payroll, HR & Employment Law

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Common law reasonable notice of termination for independent contractors?

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with job offer acceptance, bonuses after the death of an employee and gender inequalities.

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The Bikini Bistro and discrimination in the restaurant industry

An article recently came across my news feed that gave me pause. A new restaurant will be opening in Kamloops, BC, with a ‘unique’ dress code. As the name suggests, the Teenie Bikini Bistro will serve typical pub-style fare served by – wait for it –

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Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

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Laying of criminal charges after dismissal does not delay limitations period

In Sosnowski v McEwan Petroleum ( 2019 ONSC 1860) Macleod-Beliveau J. had a situation where the following chronology applied:

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Calculating severance: What do the courts say?

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

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Hiring international students to address Canadian skills shortages – Immigration considerations

Canada’s immigration policies have been designed to allow foreign students attending school in Canada to obtain work experience in Canada. Many international students will also be able to eventually transition to Canadian permanent resident status.

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Do you have a fit for duty program in your workplace?

To be committed to the health, safety and wellness of all employees, customers and other members of the public, a Fit for Duty program is necessary for prevention, protection and rehabilitation (if necessary).

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Ontario amends pension legislation to address electronic beneficiary designations

While legislation existing prior to the introduction of section 30.1.1 (namely, the SLRA and Electronic Commerce Act (Ontario) (ECA)) may be reasonably interpreted to already permit electronic beneficiary designations in pension and certain other contexts, it did not contain an express provision addressing the point.

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Victoria Day, public (statutory) holiday in Canada

In Canada, Monday, May 20, 2019, is recognized as a public (statutory) holiday known as Victoria Day, except in the Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island). In Quebec, the public holiday is referred to as National Patriots’ Day (Journée nationale des patriotes).

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Avoiding pitfalls in long-term disability claims

Employers often provide their employees with access to long-term disability benefits through a group benefit plan. Group benefits are an attractive incentive for employees but can result in increased risk for the employer.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with proposed OHIP changes for travel benefits, rising health benefit costs and expanding statutory leaves in Saskatchewan.

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Tips on the right way to hire employees in Ontario

Hiring a new worker can be exciting. Presumably, by the time you make the job offer, something about the candidate has impressed you and suggested this person is the one for the job.

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A reasonable expectation of privacy: The application of R v. Jarvis to the employment context

The recent Supreme Court of Canada decision in R v. Jarvis addressed the circumstances that give rise to a reasonable expectation of privacy. While the case directly considered whether certain recordings violated the Criminal Code, the Court’s broad analysis of when a reasonable expectation of privacy exists applies outside the criminal context, with relevance to employers.

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An Alberta UCP government – consequences for employers

n April 16, 2019, the recently formed United Conservative Party of Alberta (“UCP”) won a majority government in Alberta. This blog post provides a summary of key positions the UCP adopted during their campaign that will affect employers and the workplace.

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