employment standards act
May 13, 2013 Simon Heath Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation,
A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.
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May 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.
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May 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Union Relations,
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
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April 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation,
The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]
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March 28, 2013 Yosie Saint-Cyr Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
On Friday March 29, 2013, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay (depending on the jurisdiction).
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March 27, 2013 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?
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March 22, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation,
Anyone following the financial news over the last number of years has no doubt noticed the increasing frequency with which corporations are merging, or being bought out by other corporations. This often results in efficiencies for the corporations, hopefully leading to greater profit. However, the impact on the employees is often overlooked. Whether the transaction is a share purchase, asset purchase, or other type of structure, the impact on the buyers and sellers is clear. However, the impact on the employees is often less certain.
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March 14, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting,
The three most viewed articles on HRinfodesk this week deal with the end of production of the Social Insurance Number card, changes to the old age security pension plan and Ontario introducing three leaves of absence to help families.
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February 15, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations,
Alberta, Ontario, Saskatchewan, Manitoba, Prince Edward Island and British Columbia are the Canadian jurisdiction that recognize Family Day as a public (statutory) holiday and allow workers that qualify time off with pay on that day. This year except in British Columbia, family day for these provinces fall on February 18, 2013.
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February 10, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations,
Employees in British Columbia get a day off with pay on Family Day which is celebrated the second Monday in February each year. As a result, family day for BC employees this year is Monday February 11.
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January 16, 2013 Amery Boyer Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Training and Development,
The Department of Labour and Advanced Education in Nova Scotia is planning to provide an update on a new apprenticeship strategy for the Province in mid-January.
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December 21, 2012 Yosie Saint-Cyr Accessibility Standards, Announcements, Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation,
The team at First Reference Inc. and First Reference Talks blog wishes everyone a very Happy Holiday Season and all the best for the New Year!/L’Équipe de La Référence et du billet First Reference Talks vous souhaite de belles fêtes et une bonne et heureuse année.
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November 23, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Union Relations,
In general, under Employment/Labour Standards legislation, when public (statutory) holidays fall on non-working days, the employer must provide a substituted day off, which is another working day off work designated to replace a public holiday. Employees are entitled to be paid public holiday pay or an average day’s pay or regular pay for a substituted holiday depending on the province or territory of employment. However, many jurisdictions have public holiday provisions different from this general rule.
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November 20, 2012 Simon Heath Employee Relations, Employment/Labour Standards, Human Resources, Human Rights,
The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.
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November 6, 2012 Stringer LLP Employment/Labour Standards, Human Resources, Human Rights
It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (“WSIB”), or a labour arbitration tribunal.
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Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
