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Posts Tagged ‘employment standards act’

New provisions for family caregiver leave

Wednesday, December 21st, 2011

On December 8, 2011, the Ontario Liberal Government introduced Bill 30, entitled the Family Caregiver Act. This Act intends to create an additional entitlement to a leave of absence from work while the employee’s job is protected. The proposed Act will provide for an unpaid leave of absence for up to eight weeks to allow an employee to care for a sick relative.

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Tags: canadian employment law, employment law, employment standards act, Family Caregiver Leave, Job protected leave, leave of absence, Statutory leaves, unpaid leave of absence, work-life balance
Posted in Employee Relations, Employment Standards, Human Resources | Make a Comment »

The sale of a business and some implications for employers and employees

Monday, December 12th, 2011

Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.

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Tags: canadian employment law, common law, common law obligations, company takeovers, employment law, employment standards act, ESA, ESA obligations, Nokes vs. Doncaster, novation, sale of a business, seniority, Sorel vs. Tomenson Whitehead, successor employer, termination, terminations, transitional contract, wrongful dismissal, years of service
Posted in Compensation, Employee Relations, Employment Standards, Finance and Accounting, Human Resources, Internal Controls, Payroll | Make a Comment »

Remembrance Day, public holiday in some jurisdictions and a memorial day in others

Friday, November 11th, 2011

In Alberta, British Columbia, Saskatchewan, Northwest Territories, Yukon, Prince Edward Island, New Brunswick and Newfoundland and Labrador Remembrance Day is a paid public (statutory) holiday under the Employment Standards Act. Employees get a day off with regular pay and/or holiday pay; if the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment). Federally regulated employees also have a holiday on Remembrance Day.

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Tags: armistice, employment law, employment standards act, ESA, memorial day, Poppy Campaign, public holidays, Remembrance Day, Remembrance Day Act, Royal Canadian Legion, Statutory Holiday, The Great War, World War One, WWI
Posted in Employment Standards, Human Resources | Make a Comment »

New Ontario family caregiver leave

Wednesday, August 17th, 2011

Building on the existing Family Medical Leave under the Employment Standards Act, the Ontario government is planning to expand the protected leave from work by allowing caregivers to spend more time with family members who cannot care for themselves because of serious injury or illness including cancer or stroke.

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Tags: Caring for family members, Compassionate Care EI benefits, Compassionate Care Leave, Employment Insurance, employment law, employment standards act, Family Caregiver Leave, Family Medical Leave, ontario, Statutory leaves, Unpaid time off
Posted in Employment Standards, Human Resources | Make a Comment »

IQT’s closure: A fine example of poor corporate values!

Thursday, July 28th, 2011

On July 15, 2011, several workers showed up to work as usual at IQT Solutions, only to be told that their employer had unexpectedly shut down its Canadian operations: three call centres, one in Ontario and two in Quebec. About 1,200 IQT employees were suddenly unemployed with no final paycheque, vacation pay or notice of termination.

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Tags: bankruptcy, call centre, corporate governance, Corporate Values, employment law, employment standards act, Insolvency, IQT Solutions, labour standards act, Ministry of Labour, Notice of termination, ontario, Quebec, social media, termination, terminations, unpaid wages, vacation pay
Posted in Employment Standards, Finance and Accounting, Human Resources, Internal Controls | Make a Comment »

Motions for judgment in wrongful dismissal − the court of appeal’s latest statement

Tuesday, July 5th, 2011

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.

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Tags: accrued vacation pay, Bardal Factors, Bardal v. The Globe & Mail, canadian employment law, Di Tommaso v. Crown Metal Packaging Canada LP, employment law, employment standards act, monetary compensation for the dismissed employee, Notice of termination, notice period, Ontario Court of Appeal, Ontario Superior Court, summary judgment in wrongful dismissal actions, Supreme Court of Canada, temporary employment, termination, the end of the notice period, working notice, wrongful dismissal, wrongful dismissal damages, wrongful dismissal litigation
Posted in Employment Standards, Human Resources | Make a Comment »

Summertime, when everybody wants vacation

Wednesday, June 8th, 2011

Under the provisions of the Ontario Employment Standards Act, every employee is entitled to a minimum of two weeks vacation after twelve consecutive months of employment. Of course, this is subject to…

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Tags: allocation of vacation time, and overtime pay, commissions, company policy, employment law, employment standards act, exemption, four percent of gross wages, greater vacation entitlement, how much vacation an employee is entitled to, percentage of gross wages, salary, scheduling vacation, terminated without cause, termination, twelve consecutive months of employment, two weeks vacation, vacation, vacation entitlement, vacation pay, what is included in gross wages, years of service
Posted in Employment Standards, Human Resources | Make a Comment »

A stunning example of mistreatment of migrant workers

Friday, June 3rd, 2011

This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.

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Tags: breach of contract, employment law, employment rights, employment standards act, Employment standards complaint, foreign national, Foreign workers, immigration agents, Immigration and Refugee Protection Regulations, isolated foreign workers, language barriers, Lilliane Namukasa, live-in nanny, Live-in-caregiver program, migrant workers, mistreatment of migrant workers, six month limit to recover unpaid wages, statutory entitlements, temporary work permit, terminated without notice, The Employment Protection for Foreign Nationals Act, two-year limitation period, unpaid statutory holiday pay, unpaid vacation, unpaid wages, wage theft, wrongful dismissal, wrongful dismissal claim
Posted in Corporate Immigration, Employment Standards, Human Resources | Make a Comment »

May 23, 2011: Victoria Day, public holiday in some jurisdictions

Friday, May 20th, 2011

Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment).

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Tags: Diamond Jubilee in 1897, Empire Day, employment law, employment standards act, Public Holiday, Public Holiday Pay, Queen Elizabeth II, Queen Victoria, retail holiday, Shop's closing act, Victoria day
Posted in Employment Standards, Human Resources | Make a Comment »

The importance of a well-crafted employment agreement

Friday, May 13th, 2011

Despite being one of the most basic and fundamental legal protections employers can have, many employers do not use written employment agreements when they hire new employees.

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Tags: anti-competition clauses, employment agreement, employment contract, employment law, employment relationship, employment standards act, Enforcing employment contract, hiring, litigation, minimum standards, reasonable clauses, restricitve covenants, Termination clause, terms of employment
Posted in Employment Standards, Human Resources, Recruiting and Hiring | 2 Comments »

Applying overtime rules in Ontario can sometimes be complicated

Wednesday, May 11th, 2011

Ontario’s Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked. However, this simple rule can become complicated and lead to lawsuits, as several employers have found out recently due to their failure to pay statutory overtime.

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Tags: canadian employment law, employment law, employment standards act, Employment Standards regulation, managers or supervisors, O. Reg. 285/01, ontario, Ontario Labour Relations Board, Overtime guide, overtime hours, overtime hours worked, overtime pay, overtime rules, Overtime rules in Ontario, Overtime threshold, policies and procedures, policy manual, statutory overtime
Posted in Compensation, Employment Standards, Human Resources, Payroll | 1 Comment »

Misconduct amounted to just cause but did not disallow termination notice

Wednesday, March 30th, 2011

A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.

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Tags: breach of company rules, employee misconduct, employment law, employment standards act, just cause, misconduct, ontario, policy, progressive discipline, Regulation 288/01, Severance pay, termination, termination notice, termination pay, wilful misconduct, wilful neglect of duty, wilful or reckless conduct
Posted in Employment Standards, Human Resources | 3 Comments »

Paving company owner OHS fine for death of teen

Wednesday, December 8th, 2010

A Manitoba business owner was fined $33,500 for numerous workplace and safety violations which contributed to the death of a 15-year-old boy who was buried in burning asphalt.

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Tags: canadian employment law, employment law, employment standards act, employment standards code, fines, HRinfodesk, minimum age of employment, occupational health and safety, OHS penalties, orientation and training of young and new workers, The Human Resources Advisor, workplace and safety violations, Workplace Health and Safety Act
Posted in Employment Standards, Health and Safety, Human Resources | Comments Off

Overtime rules can trap the unwary employer

Tuesday, December 7th, 2010

In Ontario, the Employment Standards Act (ESA) requires employers to pay at least time and a half for all hours worked by an employee in excess of 44 per week. Employers who, for different reasons, fail to pay overtime pay have faced two types of claims by employees…

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Tags: canadian employment law, Class action suits, employee handbook, employment law, employment standards act, hours of work, overtime, overtime pay, Overtime threshold, policies and procedures, policy manual
Posted in Employment Standards, Human Resources | Make a Comment »

Upcoming Ontario employment law related changes

Wednesday, October 13th, 2010

On October 5, 2010, the Ontario government introduced Bill 110, the Good Government Act, 2010, an omnibus bill that, if passed, would amend various pieces of legislation, including the Employment Standards Act, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act. The changes include general housekeeping measures, as well as some technical improvements and modernization measures. Specifically, regarding the employment law related changes, schedule 7 of Bill 110 makes the following key changes…

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Tags: accident reporting, Bill 110, canadian employment law, compensation for non-economic loss benefit, disclosure, employment law, employment standards act, Good Government Act, hazardous substances, loss of retirement income, material safety data sheets, MSDS, occupational health and safety act, omnibus bill, ontario, overtime, safety data sheets, work week, workplace injury report, Workplace Safety and Insurance Act, workweek
Posted in Employment Standards, Health and Safety, Human Resources | Make a Comment »

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