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Recruiting and Hiring

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with completing a record of employment, the federal COVID-19 10 percent wage subsidy and the Canada Emergency Response Benefit.

 

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Layoffs and alternatives – Curtailing operations in response to COVID-19

The COVID-19 pandemic continues to have rapid and far-reaching effects on Canadian workplaces. In this article, we answer those questions for Ontario, British Columbia, Alberta and Quebec. In all cases, please be advised that different considerations may apply under the terms of a collective agreement, if applicable.

 

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COVID-19: What a difference a month makes

In over 30 years I have never seen one topic dominate my employment law practice like COVID-19 has over the last three weeks. Some Ontario businesses have gone from working at 100% capacity to 0% because the Ontario government has declared these businesses as non-essential and working remotely is not possible.

 

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Federal COVID-19 aid package: The 10 percent wage subsidy and the Canada Emergency Wage Subsidy

April 1, 2020, the federal government released further details of the much anticipated Canada Emergency Wage Subsidy program. The program is to help businesses keep and return workers to their payroll through the challenges posed by the COVID-19 pandemic.

 

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Legal issues in the post corona era

Right now employment lawyers are talking, debating and especially ZOOMING about various employment issues that have arisen since this pandemic started.

 

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COVID-19 impact: Border closures & foreign workers

In a press conference on March 16, 2020, Prime Minister Justin Trudeau announced that Canada would be closing its borders to non-citizens and those without permanent resident status starting today (March 18) in an attempt to slow the spread of COVID-19.

 

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E-1 Visas for Canadian production companies

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.

 

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Devil’s in the detail or employment contracts redux*: The twelve most common avoidable drafting errors

Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.

 

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Smokers need not apply: can Ontario employers refuse to hire nicotine users?

As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year. While it may be easy to understand U-Haul’s stated rationale for introducing this anti-tobacco policy, to adopt the same in Ontario would likely expose the company to liability.

 

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Are employees “off-ramping” from your organization?

We live in an age of increased workplace stress (not to mention societal stress in the form of newspaper headlines), and burnout has now been recognized in the International Classification of Diseases as an occupational phenomenon.

 

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

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.

 

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So what exactly is a “dependent contractor”?

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.

 

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

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”).

 

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Handbook containing termination clause not binding

In Cheong v Grand Pacific Travel & Trade, (2016 BCSC 1321), Justice Warren held that an Employee Handbook containing an ESA only termination provision was unenforceable for the following reasons:

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with contracting out of the Ontario ESA, entitlements to public holidays and discrimination against a job applicant.

 

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