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News and Discussions on Payroll, HR & Employment Law

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Sentenced to probation: How employers can protect themselves when terminating the employment of recent hires

Employers who seek to impose more rigorous oversight of new employees and minimize termination obligations to those employees can rely on appropriately drafted probationary limitations in their offers.

 

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Salary increases and temporary foreign workers — are you compliant?

There have been many changes to the Temporary Foreign Worker Program (TFWP) over the last year, with an emphasis on employer compliance, including respect of actual salaries paid.

 

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“Give me a raise or i’ll quit”: Has the employee resigned?

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.

 

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The importance of documentation when dealing with a human rights complaint

This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer’s liability.

 

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Citizenship and Immigration Canada cautions against preparing Federal Skilled Worker Program applications until key details are announced

The Federal Skilled Worker Program will begin accepting applications as of May 4, 2013. However, Citizenship and Immigration Canada has recently reminded applicants who may be preparing to submit applications that it still expects to announce three important elements of the FSWP in April 2013, which will have a significant impact on who can apply under the program.

 

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Opportunities Ontario offers permanent residence to international students with a job offer

Opportunities Ontario, Ontario’s provincial nominee program, has further expanded its International Student Category to include international students who have a job offer from an employer located in Ontario. The International Student with a Job Offer Stream is different from the PhD Graduate Stream and Masters Graduate Stream because it includes international students who are: (a) graduating from two-year undergraduate diploma/degree programs, or (b) graduating from one year post-graduate degree/certificate programs, even if they are not considered Masters-level programs…

 

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Mitigating damages in a time of uncertainty

The mitigation of damages has become a hot employment law issue. In this recent British Columbia case, the employee was entitled to damages for wrongful dismissal after the employer terminated her during the economic downturn. Although the employer argued that the employee failed to mitigate her damages when she did not accept the employer’s subsequent offer of re-employment, the Court found that the uncertainty of work and payment was such that the employee did not act unreasonably when she declined the job offer. Thus, the employee was entitled to 12 months’ termination notice.

 

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