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employment standards

The AODA Employment Standards: Are you meeting the new requirements?

We know that the AODA employment standards requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, employment contracts, job postings and applications to ensure they are consistent with the new accessibility standards.

 

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Can an employee “sign away” their human rights?: Brown v. Prime Communications Canada Inc.

The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An article that looks at an agreement in principle that was reached for CPP expansion; a FAQ that addresses the validity of an employment contract that was not signed; and an article that looks at the construction union wage rate index for May 2016.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with:An Ontario human rights case where an employee’s dismissal by her employer for having lied about when she found out about her pregnancy was ruled to be non-discriminatory; a decision that clarifies that the duty to mitigate does not apply when an employer terminates a fixed-term employment contract before its end date; and an FAQ that looks at an employee who is looking for accommodation to care for their child because they cannot afford daycare.

 

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Victoria Day, public (statutory) holiday in Canada

Typically, employees do get Victoria Day off with regular pay or public holiday pay (depending on the province or territory of employment). In the event employees are required to work on the statutory holiday, the employee must be paid regular wages and get a substituted day off, with pay, at a later date (again, this depends on the province or territory of employment).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee’s complaint regarding video surveillance cameras pointed toward her work area without the employer informing her of the installation; an FAQ that looks at an employer’s overpayment of vacation pay on a former employee’s final pay; and the Ontario Ministry of Labour’s plan to conduct targeted employment standards and occupational health and safety blitzes in workplaces across the province over the next year.

 

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The case of the damaged company vehicle: Employer ordered to pay unpaid wages, travel costs, and fee

In the matter of Step Energy Services Ltd. v. Joe Palmer, the employer appealed an Order of an Employment Standards Officer that required the employer to pay $3,397.22 for unpaid wages that the Officer concluded was owing to the employee.

 

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Beware of the one month per year of service “rule”, part 4

I have written several times about cases which significantly depart from the so-called one month per year of service rule. There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the Expedia annual vacation survey; the state of privacy in Canada; and, Alberta’s new progressive personal income tax system.

 

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The Ontario Employment Law Conference is better than ever

Learn the latest!

Early Bird Registration Now Open: 16th Annual Employment Law Conference. Come and learn the latest!

 

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HRLaw: Wrap up and other legislative changes effective in 2014 across Canada

Several changes to pensions, employment standards, health and safety, payroll and other HR law requirements are coming into force January 1, 2014 or later. Below you will find brief summaries, listed by jurisdiction, of some of the important changes employers need to know about and prepare for:

 

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Ontario Ministry of Labour blitz of the retail industry – Are you ESA compliant?

The Ontario Ministry of Labour has announced a blitz of the retail industry for compliance with the Employment Standards Act, 2000. The blitz will run from October through to December 2013.

 

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How much termination notice do you give a 70 year old?

Assessing how much notice of termination a particular employee is entitled to is a challenge most employers would like to avoid. As those of you who deal with the issue on a regular basis know, employment standards legislation sets out the minimum amount of notice, but it will almost never be sufficient unless the employee has an enforceable contract that limits them to the statutory amounts. In most cases, the common law will require that an employer provide “reasonable notice”, and though there are many myths, there are no easy ways to determine what is reasonable.

 

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Most-viewed articles this week on HRinfodesk

Emergency response plans in the workplace: A recent HRinfodesk poll asked readers if they have an emergency response plan at their workplace. Out of 146 respondents, 105 respondents (72 percent) said they do… Stepping up employment standards enforcement and education: The province of Alberta is proceeding on plans to step up employment standards enforcement. These […]

 

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Enforceable dismissal clauses

One crucial piece of advice that I offer to employers is to have every single employee sign an employment agreement that, if nothing else, sets out what will happen in the event of dismissal without cause. The reason for this suggestion is simple: without a contractual dismissal provision, an employer’s obligations in the event of dismissal without cause are unpredictable and often extensive.

 

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