Employment/Labour Standards

Three popular articles this week on HRinfodesk

February 13, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, 0

The three popular articles this week on HRinfodesk deal with the Coronavirus, a 2020 employment and labour summary and workplace absenteeism policies.

Absenteeism, Coronavirus, employment and labour law, employment law

Full and final: Human rights application successfully barred by signed release

February 7, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

In recent years, one of the recurring circumstances where the efficacy of a signed release has been debated is where a former employee files an application with the Ontario Human Rights Tribunal.

discrimination in employment, Dismissal, employment law, Employment release, mental health, releases for dismissed employees, termination of employment

Managing and addressing workplace developments caused by the spread of Coronavirus

February 5, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Payroll, Pensions and Benefits, Privacy and Security, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Union Relations, Wages and Compensation, 0

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

Coronavirus, employment law, pandemic planning, risk management, Workplace emergency response

Three popular articles this week on HRinfodesk

January 30, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

The three popular articles this week on HRinfodesk deal with remote work options, wrongful dismissal and drug and alcohol testing.

drug and alcohol testing, employment law, remote work arrangements, remote working, safety-sensitive workplace, work from home, wrongful dismissal

Fired because of race? Consider a human rights claim

January 29, 2020 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven of the employees had been discriminated against on the basis of race and colour, and one employee had been discriminated against on the basis of sex.

discrimination based on race, discrimination based on sex, employment law, poisoned work environment, sexual harassment

Release of previous employer has no effect on termination by subsequent employer

January 27, 2020 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Manthadi v ASCO Manu (2019 ONSC 5572) Fowler Byrne J. had a situation where a 64 year old welder had over 36 years with Company A. Company A sold its business to the Defendant. Company A paid the plaintiff her 8 weeks under the ESA and she signed a release. The defendant immediately hired her on the closing date. She was terminated a few months later.

common law notice, continuous employment, employment agreement, employment law, termination

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

Reinstatement and accommodation under Alberta’s Workers’ Compensation

January 13, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Penalties and Fines, 0

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.

alternative employment, employment law, termination of employment, undue hardship, work-related injury, workers compensation, workplace accommodation

So what exactly is a “dependent contractor”?

January 10, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee in all but name.

dependent contractor, employment law, independent contractor, termination, worker classification

2019-2020 federal government departmental mandates of interest to employers

January 8, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

Canadian Prime Minister Justin Trudeau has released the mandate letters for each of the 37 cabinet Ministers of his minority Liberal government.

basic personal amounts, Canada labour Code, Employment Insurance, employment law, Family day, federal minimum wage, Mandate letters, Public Holiday

Three popular articles this week on HRinfodesk

January 8, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with workplace etiquette, 2020 payroll rates and the federal government’s mandate letters.

basic personal amounts, employment law, Mandate letters, maximum assessable earnings, minimum wage rates, payroll rates, workers' compensation premium rates, workplace etiquette

Notable cases of 2019

January 8, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

employment law, forced retirement, harassment, infliction of mental distress, notice period, resignation, retirement, terminated without cause

Termination clauses: (Yet) another one bites the dust

January 7, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this issue.

contract negotiations, employment contracts, employment law, Employment Stadards Act, termination clauses

Long-awaited regulations regarding placement agencies in Quebec set to come into effect on January 1, 2020

January 3, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, Human Resources, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The wait is over. Announced along with the sweeping changes to Quebec’s Act respecting labour standards (the “Act”) back in June 2018, the regulation regarding Quebec placement agencies has finally been published and is set to come into effect on January 1, 2020 (the “Regulation”).

Act Respecting Labour Standards, employment law, placement agencies, protection of workers, temporary foreign workers, working conditions

Three popular articles this week on HRinfodesk

January 2, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with the Ontario no smoking signs, constructive dismissal and harassment as well as 2020 payroll rates.

2020 payroll rates, constructive dismissal, employment law, no smoking signs, smoking ban