International HR Law

Good Friday, Easter and Passover in 2020

April 9, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation, 0

Good Friday and Easter Sunday coincide with the Jewish observance of Passover in 2020. Easter and the holidays that are related to it are moveable feasts in that they do not fall on a fixed date in the Gregorian or Julian calendars which follow only the cycle of the sun; rather, their dates are determined on a lunisolar calendar similar to the Hebrew calendar. It has come to be the first Sunday after the full moon that occurs on or soonest after 21 March, but calculations vary in East and West.

COVID-19, Easter, employment law, Good Friday, Public Holiday, religious accommodation, Statutory Holiday, Time off with pay

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

April 3, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, International HR Law, 0

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.

act of state doctrine, Charter of Rights and Freedoms, corporate social responsibility, crimes against humanity, customary international law, employment law, international human rights, violation of international norms

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

Celebrating Canadian Multiculturalism Day

June 27, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, 0

Canadian Multiculturalism Day is celebrated on June 27 each year. According to the Government of Canada, Canadian Multiculturalism Day is an opportunity to celebrate the country’s diversity and its commitment to democracy, equality and mutual respect, and to appreciate the contributions of the various multicultural groups and communities to Canadian society.

Canadian Multiculturalism Act, Canadian Multiculturalism Day, diversity in the workplace, employment law, hiring employees, multiculturalism, Multiculturalism Day in Canada

Cannabis in the United States and its implications in naturalization applications

June 12, 2019 Henry J. Chang, Dentons LLP Corporate Immigration, Health and Safety, Human Resources, Human Rights, International HR Law, 0

In April 2019, the media reported that the United States Citizenship and Immigration Services (USCIS) had denied the naturalization applications of at least two lawful permanent residents who had worked for state-licensed cannabis businesses in the State of Colorado.

cannabis, Cannabis legalization, Citizenship and Immigration, Controlled Substances Act, employment law, marijuana, US Immigration and Nationality Act

Hiring international students to address Canadian skills shortages – Immigration considerations

May 23, 2019 Occasional Contributors Employee Relations, Human Resources, International HR Law, Recruiting and Hiring, 0

Canada’s immigration policies have been designed to allow foreign students attending school in Canada to obtain work experience in Canada. Many international students will also be able to eventually transition to Canadian permanent resident status.

employment law, international students, off-campus work program, permanent residence, post-graduate work permits, skills shortage, study permit

Labour Day is an annual and global holiday

August 31, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HR Policies and Procedures, Human Resources, International HR Law, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. For other countries, Labour Day is celebrated on a different date, often one with special significance for the labour movement in that country.

Day off with pay, employment law, Labour Day in Canada, Labour Law, Labour movement, Public Holiday, Public Holiday Pay, Statutory Holiday, trade unions, Unions

Ontario Bill 148: Are you really prepared?

September 22, 2017 Beyond Rewards Inc Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Payroll, Penalties and Fines, Pensions and Benefits, Union Relations, Wages and Compensation

On August 23, 2017, the Ontario Liberal Government met for the 1st reading of Ontario Bill 148 Fair Workplaces, Better Jobs Act. There has been much concern in the public eye regarding the highlight of this act which states a 33% increase to minimum wage in just under 6 months.

Bill 148 the Fair Workplaces Better Jobs Act 2017, economy, Employment and labour law reform, employment law, Labour Law, Minimum wage increase, small business, temporary workers

Three popular articles this week on HRinfodesk

August 31, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, International HR Law, Payroll, Penalties and Fines, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: how a Tribunal addressed disabled employee resignations, a criminal negligence charge against a worker and the long reach of Canadian civil liability for human rights impacts of foreign operations.

criminal negligence, employment law, human rights, Long-term disability, termination, workers compensation

Government of Canada amends the Citizenship Act

July 27, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Human Resources, International HR Law, Recruiting and Hiring

Bill C-6 received royal assent on June 19, 2017 and eases many of the key eligibility requirements for citizenship, including the physical presence requirement and the requirement to demonstrate knowledge of Canada and its official languages. Bill C-6 also eliminates some of the more controversial elements of the Strengthening Canadian Citizenship Act, including the ability to revoke the Canadian citizenship of dual nationals based on national security grounds.

Bill C-6, Canadian immigration, CIC, Citizenship, Citizenship Act, Citizenship and Immigration, Citizenship and Immigration Canada, dual citizenship, dual nationals, employment law, Foreign workers, Immigration Law, Minister of Immigration, national security, naturalization, physical presence requirement, revocation, Strengthening Canadian Citizenship Act

Workplace health and safety law and partisan political arguments

April 17, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Privacy and Security, Training and Development, Union Relations

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

employee’s political beliefs, employee’s political expression or position, Employer programs and policies, Employment Act, employment law, harassment, human rights code, occupational health and safety act, Occupational Health and Safety Regulations, workplace harassment, Workplace partisan political arguments, Workplace Safety and Health Regulation, workplace violence

Workplace partisan political arguments

March 7, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Privacy and Security, Union Relations

The U.S. 2016 presidential election and post-election are causing much debate, criticism and protest outside of America. Canadians have actively participated in public marches and protests in response to Trump’s comments and proposed policies, as well as the recent proposedU.S. ban on entry to that country from certain Muslim nations. In this context, employers are right to ask whether workplace partisan political arguments fit in the workplace.

Charter of Human Rights and Freedoms, discrimination, duty to accommodate, employee’s political beliefs, employee’s political expression or position, Employer programs and policies, employment law, freedom of expression rights, freedom of speech and affiliation, human rights legislation, laws protecting political expression, Political belief association or activity, political belief is a fundamental human right, prohibited grounds of discrimination, retaliatory treatment, the presence of political talk and voicing opinions in the workplace, Workplace partisan political arguments

Top 4 mistakes US employers make when expanding into Canada

July 13, 2016 Lisa Stam, Spring Law Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, International Payroll, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

With the hot Toronto tech skills market and the favourable dollar exchange, US employers are increasingly looking north of the border to expand for new business and for new talent. Here are four common mistakes US employers will want to avoid:

at-will employment in Canad, common law, Employee inventions, employee terminations, employer policies, employment contract, employment law, employment relationship, IP laws, Ownership of workplace content, Toronto tech skills market, US employers

Human factors influencing safety in the workplace

June 21, 2016 Beyond Rewards Inc Employee Relations, Health and Safety, HR and Technology, HR Policies and Procedures, Human Resources, International HR Law, Training and Development, Union Relations

Safety is expensive, but an accident is even more costly. All organizations, all business owners, all managers, supervisors and workers in all workplaces need to understand the effect of work performed on the human body and how we influence the demands of the work we do through human interaction. Both of these things relate to the correlation between the worker and the demands of the work they do, known as ergonomics and human factors.

best work practices and systems, employment law, human error, human interaction, individual abilities, job assessment, preventing occupational accidents, safety in the workplace, safety program design, skilled workforces, work environment, Workplace accident

Top 3 mistakes of executives upon termination

March 9, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Payroll, Pensions and Benefits, Wages and Compensation

Whether a frontline employee on an hourly wage or a senior salaried executive with extensive and complicated variable compensation, there is an equally shared truth upon termination of employment: it hurts, and you are now required to negotiate your termination package in the midst of emotional and financial turmoil.

employment agreement, employment contract, employment law, LinkedIn, non compete, non-solicitation provision, restrictive covenant, social media, termination, termination of employment