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Careful how you classify ‘interns’: Ministry of Labour releases policy statement

It is a fact of life for some entering the labour market—the unpaid internship. For young workers, it is an opportunity to gain experience in a desired field. For employers, it is an opportunity to have recent graduates perform necessary work or apprenticeship at less cost all while assessing suitability for continued employment. Perhaps the modern internship is best explained by the following…

 

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Understanding the rights of pregnant employees in Ontario

Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.

 

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McCarthy Tétrault Employer Advisor blog collaboration with First Reference Talks

First Reference Talks is proud to announce that we are collaborating with McCarthy Tétrault Employer Advisor blog so that once a month we can present one of their excellent posts.

 

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Assessing the risk of violence at work

Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:

 

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Learn the latest! — Dealing effectively with OHS inspectors

The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.

 

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Learn the latest! — AODA compliance: Benefits of being ahead of the game

Recently, some of our clients received a notice from the government reminding them to file an Accessibility Report. This was an eye opener to employers who have let the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service compliance deadlines slip through the cracks. Some simply forgot to file. However, others were reminded they have not yet implemented all the Customer Service Standard requirements.

 

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Leave related to the death or disappearance of a child

Effective January 1, 2013, under the Canada Labour Code, federally-regulated employers must provide employees who have completed six consecutive months of continuous employment; and, under the Manitoba Employment Standards Code, provincially-regulated employers must provide employees who have completed 30 days of continuous employment, with:

 

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Impact on employees in company mergers can be significant

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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Unexpected impact of share buyout of senior management

When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.

 

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Working or not working on family day? A public holiday in most jurisdictions

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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Deadline to prepare accessibility policies approaching

In January, I wrote about how large organizations in Ontario must prepare multi-year accessibility plans to comply with the Accessibility for Ontarians with Disabilities Act (by 2014). Well, those organizations (50+ employees) have also got to develop and implement relevant policies by 2014 as well, and that’s going to arrive sooner than you think. Small organizations (1–49 employees) have until 2015 to prepare policies.

 

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What are an employer’s human rights obligations with respect to gender identity?

Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.

 

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Most-viewed articles this week on HRinfodesk

The three most read articles this week on HRinfodesk deal with changes to CPP contributions, workplace safety awareness training programs and plans for mandatory training in 2014, and payroll rates for 2013.

 

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HRLaw: End of the year wrap up and other legislative changes effective January 1, 2013

Several changes to pension, employment standards, payroll and other legal requirements are coming into force January 1, 2013 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: (The post is now updated and includes the new AODA Built environment requirements coming into force January 1, 2013).

 

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Slaw: Ontario accessibility standards: What comes after the December 31, 2012 reporting deadline?

Ontario’s Accessibility Standard for Customer Service came into effect on January 1, 2012 for all businesses and not-for-profits in the province with more than one employee. If an organization has more than 20 employees, an online report must be filed by December 31, 2012 to demonstrate to the government that accessibility has been achieved under the Customer Service Standard. Many organizations are now asking “what comes next?”

 

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