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The double “financial” jeopardy of HRTO damages against the employer

An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.

 

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A rollback on calculation of holiday pay for Ontario employees

It will be interesting to see if there will be any other revocations or changes to the new provisions of the ESA depending on feedback from employees and employers. To date, only the calculation of public holiday pay has been temporarily rolled back.

 

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Victoria Day, public (statutory) holiday in Canada

public holiday on non-working day

In Canada, Monday, May 21, 2018 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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with police record checks, public holiday calculation and the Ministry of Labour’s update to the workplace health and safety guide.

 

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What’s old is new again (for now): Ontario government to review public holiday pay calculations and temporarily reinstate “old” formula effective July 1, 2018

Since the “old” Public Holiday Pay formula will not be reinstated until July 1, 2018, it’s important for employers to ensure they make the appropriate changes to their public holiday pay calculations at the right time.

 

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Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Any allegation of harassment in the workplace needs to be taken seriously. Not the least of which, employers should be mindful of the statutory duty to conduct a related investigation.

 

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How the legalization of marijuana will affect your ability to travel to the United States

The legalization of marijuana (both in Canada and in some US states) has created considerable uncertainty for Canadian citizens, Canadian permanent residents, and other foreign nationals.

 

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Bill 176’s proposed amendments to the Act Respecting Labour Standards (“ARLS”)

From the proposed amendments to the new act, we can already anticipate a substantial impact on employers. Here are some of the main proposals, divided into 8 broad categories:

 

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Termination of employment does not terminate ability to apply for LTD benefits

The case discussed in this article is important because it is a common concern of those who become disabled that they will cease to have access to LTD coverage if their employer terminates their employment before LTD benefits commence. What this decision appears to stand for is the proposition that it does not matter when employment ends, it matters when the injury or illness commenced.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with CPP and QPP upcoming changes, breaching the duty of care to a customer, and employee theft.

 

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Changes to the public holiday pay calculation in Ontario

Ontario is assessing its public holiday system under Part X of the Employment Standards Act, 2000. Until this assessment is complete, public holiday pay will revert back to its pre-Bill 148 calculation.

 

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Social media and recruitment

Social media is now a part of our lives, including our work lives. While it can be an important tool, employers need to use their good judgment and use it wisely.

 

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New Ontario law requires public disclosure of employee compensation

On the heels of new amendments to the Employment Standards Act, 2000, which introduced changes to this law’s equal pay provisions, the Ontario government recently passed The Pay Transparency Act, 2018 (“the Act”). The Act is just one of many components of the Liberal government’s plan.

 

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Proposed personal information protection in Ontario

The new proposed Bill 14 would apply to every “organization”, which is defined as including persons, unincorporated associations and other organizations but does not include certain individuals, public bodies (some of which include the government, a municipality, or a municipal board of Ontario) and Ontario courts.

 

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$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

 

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