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Archives for June 2014

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 2 Minutes Read June 30, 2014

July 1, Canada Day/Dominion Day, a public national holiday

On June 20, 1868, a proclamation signed by the Governor General Lord Monck called upon all Her Majesty’s loving subjects throughout Canada to join in the celebration of the anniversary of the formation of the union of the British North America provinces in a federation under the name of Canada on July 1.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Payroll / Canada Day, Day off with pay, Dominion Day, employment law, Holidays Act, Public Holiday, Public Holiday Pay, public holidays, Public National Holiday, Statutory Holiday, statutory holidays, substituted day off with pay, Time of with pay, working day

By Maanit Zemel | 2 Minutes Read June 30, 2014

Zero minus 24 hours – the importance of a CASL compliance policy

Tomorrow is July 1, 2014. It is a day that marks Canada’s “birthday”. It is also the date of the coming into force of Canada’s Anti-Spam Legislation (CASL). While most Canadians will be out celebrating Canada Day with their families and friends, they should also be in compliance with CASL. But are they?

Article by Maanit Zemel / Business, Finance and Accounting, Information Technology, Not for Profit, Payroll, Privacy / anti-spam enforcement powers, anti-spam legislation, CASL, CASL compliance policy, CEM, commercial electronic messages, commercial emails, Commercial transactions, compliance with CASL, CRTC, Due diligence, express consent, implied consent, Information Bulletin, organization’s communication practices, spam, “unsubscribe” mechanism

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read June 27, 2014

Constructive discrimination: The case of Tawney Meiorin

Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s. British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / accessibility, bfoq, BFOR, British Columbia (Public Service Employee Relations Commission) v. BCGSEU, canadian employment law, constructive discrimination, Constructive or adverse discrimination, discrimination, duty to accommodate, employment contract, employment law, firefighter, human rights code, Human Rights in employment, human rights legislation, Kevin Sambrano, Meiorin, Paralegal Candidate, policies and procedures, prima facie discrimination, Tawney Meiorin, terminations, undue hardship

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