Author Archive - Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of payroll, employment and labour law, payroll, HR analytics, corporate immigration, accessibility related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

Restructuring tools to minimize the risk of successful constructive dismissal claims

November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.

constructive dismissal, re-employment, recall to work, temporary layoff

The (un)enforceability of non-competition agreements

October 30, 2019 Occasional Contributors Employee Relations, Human Resources, Payroll, Recruiting and Hiring, 0

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

employment law, non-competition agreement, non-competition clause, non-solicitation clause

New agri-food immigration pilot

October 17, 2019 Occasional Contributors Corporate Immigration, Human Resources, Recruiting and Hiring, Training and Development, 0

The Agri-Food Immigration Pilot and the expected changes to the temporary foreign worker program will provide new temporary and permanent pathways for eligible applicants, which should help agri-food employer’s plan and manage their workforce in Canada.

agri-food immigration pilot, employment law, permanent residence, Temporary Foreign Worker Program

Beyond “9 to 5”: Understanding Ontario’s overtime rules

October 8, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation, 0

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance?

employment law, overtime, overtime hours, overtime hours worked, overtime pay, overtime pay claims, overtime rules, Overtime rules in Ontario, Overtime threshold

Truth or lies: Providing employment references

September 24, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

employment law, employment references, hiring, reference letter, wrongful dismissal action

5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

September 13, 2019 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines, Training and Development, 0

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

employment law, privacy, violence prevention, violence risk assessment, workplace investigations, workplace violence, workplace violence and harassment, workplace violence and harassment policy

Ontario Court of Appeal says “moral blameworthiness” a factor in sentencing for Occupational Health and Safety Act offences

September 5, 2019 Occasional Contributors Health and Safety, Human Resources, Penalties and Fines, Training and Development, 0

In the recent decision in Ontario (Labour) v New Mex Canada Inc., the Ontario Court of Appeal found that it may be appropriate to impose harsher sentences for offences under the Occupational Health and Safety Act where offenders’ conduct shows elevated “moral blameworthiness”.

employment law, health and safety penalties, moral blameworthiness, Occupational Health & Safety Act, OHSA offences, safety in the workplace, safety responsibilities

5 questions to consider when exploring the duty to accommodate

August 14, 2019 Occasional Contributors Employee Relations, Human Resources, Human Rights, 0

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

bona fide occupational requirement, disability–based discrimination, discrimination in employment, duty to accommodate, duty to accommodate an employee with a disability, employment law, flexibility, physical or mental disabilities, prohibited grounds of discrimination, protected grounds of discrimination

Canada without barriers to accessibility by 2040

July 31, 2019 Occasional Contributors Accessibility Standards, 0

On November 27, 2018, the House of Commons passed Bill C-81, An Act to ensure a barrier-free Canada, also known as the Accessible Canada Act (the “Act”). The Act received Royal Assent on June 21, 2019 and will come into force on a day to be fixed by order of the Governor in Council.

accessible communication, accessible transportation, An Act to ensure a barrier-free Canada, Canadian Accessibility Standards Development Organization, employment law

Aucun obstacle à l’accessibilité au Canada d’ici 2040

July 31, 2019 Occasional Contributors Accessibility Standards, French Based HR/RH Content, 0

Le 27 novembre 2018, la Chambre des communes a adopté le projet de loi C-81, Loi visant à faire du Canada un pays exempt d’obstacles, également connu sous le nom de Loi canadienne sur l’accessibilité (la « Loi »). La Loi a reçu la sanction royale le 21 juin 2019 et entrera en vigueur à la date fixée par décret du gouverneur en conseil.

communication accessible, Droit du travail, Droit du travail et de l'emploi, Loi canadienne sur l’accessibilité, Loi visant à faire du Canada un pays exempt d’obstacles

WorkSafeBC mental disorder presumption

July 30, 2019 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, 0

egulatory changes took effect on Tuesday, April 16, 2019 that expanded the presumption for mental health disorders caused by work. The presumption only applies to WorkSafeBC claims and eligible occupations. The initial list of eligible occupations included:

employment law, mental disorder presumption, mental health, mental health benefits, mental health workers

The most common mistakes made in Quebec vacation policies

July 18, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation, 0

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards. In this post, we identify four of the most common errors and misconceptions made by employers.

employee benefits, employment law, vacation entitlement, vacation pay, vacation policies, vacation time

Canadian government introduces tax legislation applying to employee stock options granted on or after January 1, 2020

June 26, 2019 Occasional Contributors Payroll, Pensions and Benefits, Wages and Compensation, 0

Under the Income Tax Act (Canada), when an employee exercises an employee stock option and acquires shares, the employee realizes a taxable employment benefit equal to the excess of the value of the shares at the time of acquisition over the exercise price paid for the shares.

employee stock options, employment law, taxable employment benefits

BC’s 14 protected grounds of discrimination

June 14, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, 0

The Federal government, along with every province and territory in Canada, has human rights legislation prohibiting discrimination on grounds such as race, gender and disability in a number of public environments.

discrimination, employment law, gender identity, Gender Identity and Gender Expression

Supreme Court to hear arguments about enforceability of arbitration clauses

June 3, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

arbitration, arbitration clauses, Consumer Protection Act, Heller v Uber Technologies Inc, unconscionable agreement