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compensation

Law firm loses to ex-lawyer over unpaid vacation and holiday pay

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with jury pay, the EU’s new GDPR and a study of wages for people up to the age of 40.

 

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Proposed changes to the Quebec Act respecting labour standards: What employers need to know

On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.

 

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New compensation rules will affect all Ontario employers

Before the Ontario legislature closed for business pending the outcome of the June 7 election, Ontario enacted Bill 3, which imposes new obligations on employers relating to the hiring process and the reporting of workplace compensation. Bill 3 presents new risks but also opportunities for all employers in the province.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with wage compression, New Year’s resolutions for employers and how compliance with occupational health and safety regulations may not be good enough.

 

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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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New minimum wage increase in Ontario

Minimum wage is the lowest wage rate an employer can legally pay their employee. Ontario has one of the highest minimum wage rates; as of October 1st, 2016 Ontario’s minimum wage rate will be increasing. The majority of employees are entitled to minimum wage, including casual employees, full-time and part-time employees, and those paid an hourly rate, piece rate, flat rate, salary, or commission. Although, there are some exemptions from minimum wage provisions of the Employment Standards Act.

 

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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

Rule of law

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

 

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Sex based discrimination and poisoned work environment

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

 

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Danger ahead: Beware of changes to employment agreements

To appreciate the dangers of varying employment terms, we must start with the foundations of contract law. First, a contract requires that each party receive a benefit (consideration). Second, if the parties agree to a variation of contract, but consideration is not received by both parties, Courts will consider the new contract an “unenforceable unilateral variation”. Third…

 

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Make mine a Bitcoin: Payroll issues and digital currency

The bitcoin, a decentralized digital currency conceived in 2008, has experienced exponential growth in use over the past 2 years. Bitcoin ATMs have begun to spring up in cities across Canada—including in Ottawa’s Byward Market and on Spadina Avenue in downtown Toronto. Demand for the currency has also penetrated the employment world, with some employees seeking pay in Bitcoin in lieu of the Canadian Dollar.

 

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Is an employer’s duty to accommodate becoming too much?

After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does not cause the employer undue hardship. This is the first time a ruling seems to clarify what employers’ obligations are when it comes to accommodation based on family status under human rights legislation. But is this too much for employers?

 

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Picky, picky: How selective can a dismissed employee be in mitigation efforts?

When advising a wrongfully terminated employee as to her legal rights and obligations, I always point out that a wrongful dismissal claim is not like winning the lottery. While employers are obligated to provide reasonable notice of termination or payment in lieu of such notice, terminated employees must make “reasonable efforts” to find new employment. As is often the case, the devil is in the details. What must a dismissed employee do to meet her obligation to mitigate? What have courts determined to be reasonable steps? What conduct has been held to be unreasonable? From whose perspective will reasonableness be judged–the employers or the employees?

 

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There is more to a job than compensation

It has always been clear in Ontario law that employers cannot unilaterally alter the most important aspects of the employment contract – compensation, location of work, hours of work – without the employee’s consent or providing adequate advance notice of the change. If it does, it may lead to a claim of constructive dismissal. But what if the change imposed in the contract is not as important as some of these? How can the employee respond to a change in his position that he perceives to be a demotion, even if the title remains the same.

 

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