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News and Discussions on Payroll, HR & Employment Law

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employment law

HRTO: Terminating benefit plans for employees 65 and over is unconstitutional

Talos v Grand Erie District School Board involved an employee whose extended health, dental and life insurance benefits were terminated by his employer, Grand Erie District School Board, when he turned age 65, although he continued to work on a full-time basis.

 

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Differential treatment in pension and benefit plans based on date of hire now prohibited in Québec (or is it really?)

health-benefits

There is no question that Bill 176, An Act to amend the Act respecting labour standards, removes some flexibility in plan design going forward. That being said, there are still ways to structure plan design changes that will achieve the employer’s objectives without running afoul of the prohibition under Bill 176

 

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A discussion on performance improvement plans

If an employee has performance issues, and the employer is committed to providing the employee with the opportunity to correct poor performance before terminating their employment, the employer should use a performance improvement plan or PIP to identify in writing such performance issues and make a plan to fix them.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with human rights report form the OHRC, service dog signage and the Speech from the Throne.

 

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Q&A: Pro-rating personal emergency leave benefit for contract employees

In this conference Q&A, we address the application of personal emergency leave for contract employees.

 

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Ontario Court of Appeal finds clarity in termination clause

The Court’s reversal in this case, while favourable to employers, emphasizes the occasional unpredictability of the law in this area. It is prudent to periodically review your contractual termination provisions for new hires.

 

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Managing employee risk requires a culture of compliance

Companies need to know how to measure and analyze compliance data so they can take any necessary actions before something unethical or illegal happens. High-quality data sources with predictive power enable companies to assess their current culture of compliance and take prompt action when needed.

 

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Ainmelk v. Jeoffrey: Interim remedies at the HRTO revisited

Although the Tribunal does have the power to issue orders in regard to compliance, it is rare that they are granted, based on a very specific criteria that must be met. One should review each guideline carefully before requesting such an order in the interest of time, money, and adding to the complexity of the matter.

 

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Q&A: When is an employer’s duty to investigate workplace harassment triggered?

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with bonus payments during the notice period, the revised OHIP+ and wages by occupations for 2017.

 

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Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

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Recent changes to impaired driving offenses and their effect on Canada’s immigration laws

Once Bill C-46 becomes effective, even impaired driving offences not involving bodily harm or death will be considered serious criminality under IRPA 36(1).

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to personal income tax in Ontario, the legalization of cannabis and its effect on the workplace and a decision in a case of termination of an employee following a workplace harassment complaint.

 

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