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News and Discussions on Payroll, HR & Employment Law

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Recent study regarding gender gaps – the effects of pay transparency

On September 16, 2019, Statistics Canada released results of a study dealing with pay transparency and the gender pay gap.

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Can behaviours associated with a sex addiction merit employee dismissal?

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

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When should an employer issue an ROE in case of separation of employment?

Section 19(3)(i) of the Employment Insurance Regulations (SOR/96-332) states that an employer must issue the Record of Employment (ROE) within 5 days after the employee’s earnings are “interrupted.”

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with 2020 EI premium rate and maximum insurable earnings, bad faith terminations and aggravated damages.

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Recent case assessment direction and “creed”

religious discrimination

The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.

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Resignations: employers saddled with burden to investigate

When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.

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Truth or lies: Providing employment references

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

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Excluding STD and LTD during notice period voids termination clause

In Cormier v 1772887 Ontario Limited c.o.b. as St Joseph’s Communications (2019 ONSC 587), Justice Perell had to determine the enforceability of the following ESA termination clause:

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Q&A: Frustration of employment

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on “frustration of employment.”

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with accessibility plan and report filing deadlines, termination clauses in employment contracts and improving job situations for older workers.

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The Government of Canada implements its New Preclearance Act

On August 15, 2019, US Department of Homeland Security announced that the United States and Canada had implemented its Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of the United States of America and the Government of Canada (Preclearance Agreement). The Preclearance Agreement was signed by the US Secretary of Homeland Security and Canadian Minister of Public Safety and Emergency Preparedness on March 16, 2015, as part of the Beyond the Border Action Plan.

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Boosting safety performance in the workplace

Safety program implementation is crucial within the workplace, but without the ongoing cooperation of employees to uphold safety performance, safety hazards become a greater risk.

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Maternity and parental leave policies: To top up, or to tap out? That is the question…

New York-based bank JP Morgan Chase has recently been getting a lot of attention in the media after paying a hefty 5 million dollars to settle charges that their parental leave policy was discriminatory towards their male employees. It is believed that the settlement will impact up to 5,000 fathers who were denied parental leave benefits.

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Frustration of contract can be resolved by summary judgment – Does not require a trial

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

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5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

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