First Reference Talks

Discussions on Human Resources, Employment Law and Payroll

Archives for June 2014

By | 2 Minutes Read

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.

By | 3 Minutes Read

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.

By | 5 Minutes Read

Employee who lied about ability to work justly fired

An Ontario labour arbitrator upheld an employee's termination for just cause after the employer learned that the employee faked the severity of her injury and ability to perform work for over five years. The arbitrator found that the employer was justified in terminating the employee for just cause because the actions of the employee went to the heart of the employment relationship.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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