First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Author Archive - Employer Advisor, McCarthy Tétrault LLP

McCarthy Tétrault through their Employer Advisor blogs offers their perspectives on the latest legal developments applicable to the workplace. It provides their insights on legislative and regulatory developments, as well as new case law, while providing practical tips for employers and their human resources professionals when managing the workforce. McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. Several of their blog posts will be republished with permission on First Reference Talks. Read more

Family status accommodation requests: How far do employers need to go?

The human rights landscape in Ontario has been fraught with differing legal standards and understandings of what an employer’s legal obligations are regarding family status accommodation.

 

, , ,

Supreme Court of Canada cracks open the door for international human rights tort claims in Nevsun Resources Ltd. v. Araya

Although the majority decision in this case does not definitively establish the existence of torts based on international human rights violations in Canadian courts, the reasons represent a significant leap in judicial thinking on the responsibilities and liability of Canadians corporations who operate internationally in jurisdictions where human rights abuses may occur.

 

, , , , , , ,

Disallowing kilts while on duty does not equal discrimination

Employers must remember to consider these basic principles when responding to any claim alleging discrimination on the basis of the Code.

 

, ,

COVID-19: Ontario declares a state of emergency

On Tuesday, March 17, the Premier of Ontario declared a state of emergency in Ontario amid the COVID-19 outbreak.

 

, , ,

Québec’s new temporary work assistance program

The COVID-19 pandemic continues to pose challenges for Canadian employers, particularly in relation to the various measures put in place by governmental authorities to encourage workers’ self-isolation. In order to alleviate the economic consequences of self-isolation measures in these exceptional times, the government of Québec announced on March 16, 2020, the establishment of a Temporary Work Assistance program (the Programme d’aide temporaire aux travailleurs) (PATT).

 

, , , ,

Are you reporting potentially serious incidents?

Alberta employers have long been required to report “serious workplace injuries and incidents” to Alberta Occupational Health and Safety (“OHS”) as soon as possible.

 

, , , ,

Full and final release upheld by the HRTO

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

 

, , , ,

Reinstatement and accommodation under Alberta’s Workers’ Compensation

For workplace accidents occurring on or after September 1, 2018, non-exempt employers have an obligation under section 88.1 of the Alberta Workers’ Compensation Act (the “WCBAct”) to accommodate and reinstate most workers injured in a work-related accident to their pre-accident position or a comparable position with the same earnings.

 

, , , , , ,

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

 

, , , , ,

Hiring seasonal workers for the holidays? 10 things employers need to know

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

 

, , , , , , , , ,

Year end checklist: Upcoming AODA deadlines

Due to the expansive nature and implementation of the AODA standards, the AODA has embedded deadlines for compliance. The compliance deadline dates vary depending on the size of the organization and the industry sector. The upcoming AODA compliance deadlines are as follows:

 

, , , ,

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

contract

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

 

, , , , ,

Further updates regarding proposed pay transparency obligations in the federal sector

Further to our updates provided regarding the delayed implementation of the Pay Transparency Act (which can be found here), the federal government has recently released proposed amendments to legislation which would impose pay transparency requirements.

 

, , , , ,

Objective evidence required when attempting to limit or deny an employee’s accommodation request

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

 

, , , , , ,

Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

 

, , , , , , ,

Previous Posts