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Top 10 most read First Reference Talks posts 2016 & Season’s Greetings

2016 Top 10 First Reference Talks

We are signing off with a list of the top 10 most read First Reference Talks posts 2016. Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read First Reference Talks posts […]

 

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EI waiting period changes January 1, 2017

As reported by Yosie Saint-Cyr in the October 24, 2016 edition of HR Infodesk, the federal Employment Insurance Act was amended on June 22, 2016, in part to decrease the waiting period for benefits to commence from two weeks to one week. The new waiting period is to commence on January 1, 2017. The change, in effect, reduces the total benefit entitlement period under EI, although it doesn’t change the maximum benefit period, or weeks of benefits payable.

 

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Not reinstating employee to pre-leave position may constitute constructive dismissal

The Ontario Superior Court of Justice, Small Claims Court recently concluded that, when an employee returned from maternity leave and was not reinstated to her original position with the same hours and salary, this constituted constructive dismissal and discrimination on the grounds of sex and family status.

 

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Nova Scotia to increase access to pregnancy/parental leave in 2015

On September 2, 2013, Premier Darrell Dexter announced plans to amend the Labour Standards Code to allow someone employed for six months with an employer to qualify for pregnancy/parental leave.

 

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Balancing one-year contracts with pregnancy leave – Outcome of Human Rights Board of Inquiry hearing

On June 13, 2013, a Nova Scotia Human Rights Board of Inquiry rendered its decision on the pregnancy related case I discussed last month. Essentially, the case was about a difference of opinion and a clash of wills between two strong-minded individuals. The fact that the employee was pregnant at the time was simply ruled to be a “temporal coincidence”.

 

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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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Adoptive mothers not allowed maternity leave

Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…

 

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Myths and misunderstandings regarding employees on leave

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

 

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Protection for pregnant women strengthened by Ontario and British Columbia courts

In a decision released on July 19, 2010, the Human Rights Tribunal of Ontario held that an employee who was fired because she was pregnant had been discriminated against on a prohibited ground…

 

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Reinstating employees after pregnancy leave

Employers might not be clear on what happens after a female employee returns from her pregnancy/maternity leave of absence. Does the employee have to be reinstated to the exact position once she returns to work? Is it acceptable to place the employee in a different yet similar position? What if that position does not exist any longer? What if the employee must be terminated for other reasons not having to do with the pregnancy?

 

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