With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]
Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.
Across Canada, Labour Day is a statutory (public) holiday that is observed on the first Monday in September. This year, Labour Day is September 5. Typically, employees are given Labour 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 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).
In Nova Scotia, an employer in the construction industry may become certified by a union if the Labour Board is satisfied that the applicant union “has as members in good standing more than fifty percent of the employees in the appropriate unit”. Accordingly, the definition of the bargaining unit is a significant issue in construction industry certifications because the employees in the unit materially impact whether the certification application is successful.
Nobody likes tests. I remember school days when pop quizzes always meant wondering if you remembered everything, or whether what the teacher taught that day you were sick would be on the questions she asked. In today’s workplace, tests are still looked upon as something you wish you could just skip, or avoid altogether. This is especially the case with random drug testing in the workplace.
We are very pleased to announce that the employment law firm Rubin Thomlinson LLP will be blogging on First Reference Talks! Rubin Thomlinson is a Toronto-based employment law firm dedicated to finding optimal legal solutions to challenging workplace issues.
Three popular articles this week on HRinfodesk deal with a new Ontario Act that addresses sexual harassment; an employer’s implementation of a dress code; and an FAQ in relation to general pay increases for employees who are on maternity leave.
A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.
I previously wrote a post about a Nova Scotia Human Rights Board of Inquiry Decision which considered whether an employer’s failure to provide top-up benefits to biological parents on parental leave was discriminatory. The Court of Appeal issued its decision on February 10, 2016.
On December 7, 2015 Ontario passed an amendment to its Employment Standards Act to protect employees’ tips from being usurped by business managers and owners. The amendment will come into effect six months after it receives Royal Assent. In most provinces, tips and gratuities are specifically excluded from the definition of “wages” in employment standards laws…
Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.
Federal or provincial? Understanding employment and labour law jurisdiction for First Nations employers
One of the most complicated legal questions for employers is whether their operations are regulated by federal or provincial workplace rules. The answer to this question can have broad implications for employers, as the requirements of provincial workplace laws can differ considerably from their federal counterparts. The confusion over jurisdiction stems from Canada’s division of powers between its varying levels of government. While the Constitution Act, 1867 does provide a helpful list of federal and provincial powers it is far from complete.
The holiday season is often the happiest time of the year, because of time spent with family, gifts and many other things. However, it can also be the most stressful time of the year, especially at work. Deadlines are often tight because of shifting schedules, customers and workloads can be more demanding, and there may be pressure to increase performance to meet end-of-year business goals. Family demands, travel and employment standards public holiday (statutory holiday/general holiday) requirements can also take a toll. Management should not forget what employees are entitled to, and their responsibilities, under the law regarding time off during the holidays. Here is a brief summary:
The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.