Payroll

The Canada Labour Code & employer releases

March 25, 2020 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Many arbitration decisions have held that it is illegal for the employer to require the employee to sign a release waiving their rights under the Canada Labour Code as a term of a settlement offered at the time of termination.

Canada labour Code, employer releases, employment law, Labour Law, release, releases for dismissed employees

Ontario legislature passes Bill 186 – Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 – Job protection for workers due to COVID-19

March 24, 2020 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, 2

The Ontario Legislature has passed the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 in an emergency sitting on March 19, 2020. This legislation will provide job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or day care closures or to care for other relatives.

COVID-19, employment law, Employment Standards Act (Infectious Disease Emergencies), Job protected leave

Wallace Damages has two components

March 23, 2020 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.

employment law, mental distress, unjust dismissal claim, Wallace damages

Constructive dismissal in the time of COVID-19

March 20, 2020 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 1

While mandatory remote work and temporary layoffs are likely a component of the overall pandemic response, employers may ultimately run into the legal complication of a constructive dismissal claim.

constructive dismissal, COVID-19, employment law, pandemic planning, pandemic response, temporary layoff, work from home

Québec’s new temporary work assistance program

March 19, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

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).

COVID-19, Employment Insurance, employment law, temporary layoffs, temporary work assistance program

Sick with worry: An employer’s guide to managing coronavirus concerns in the workplace

March 17, 2020 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Training and Development, Wages and Compensation, 0

Coronavirus – by now, that’s a term we’ve all heard. The 2019 Novel Coronavirus is a new and contagious respiratory virus characterized by fever, coughing, and shortness of breath. Coronavirus symptoms are common to a lot of viral illnesses, and in many respects, a mild coronavirus infection can look a lot like a bad cold or flu. However, in some cases, coronavirus can lead to significant and life-threatening complications.

caregiver leave, Coronavirus, COVID-19, discrimination, employment law, pandemic planning, refusal to work, sick days, sick leave

Permissible pay deductions in the event of an employee’s sudden resignation

March 13, 2020 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, 0

It is understandable that some Ontario employers may wish to take steps to disincentivize staff from leaving without advance notice. The circumstances in which an Ontario employer may lawfully withhold (or deduct) an employee’s pay, however, are quite limited.

employment law, notice of resignation, pay deductions, resignation

Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

March 10, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

abuse in the workplace, bullying in the workplace, chronic mental stress, employment law, harassment, mental stress, workplace harassment, Workplace Safety and Insurance Act, WSIA

Three popular articles this week on HRinfodesk

March 5, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with meal and vehicle rates, employment law changes in Alberta and rules for working in the cold.

cold stress, employment and labour law, employment law, meal and vehicle rates, travel expenses, Working in the cold

A beginner’s guide to without cause terminations

February 28, 2020 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

If an employer terminates an employee without cause, it means they don’t have to provide a reason, but they do have to provide “notice”.

employment law, Notice of termination, pay in lieu of notice, reasonable notice, termination with cause, termination without cause, working notice

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

February 27, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

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.

conditions of employment, Employee resignation, employment agreement, employment contract, employment law, employment relationship, fixed-term employment contract, fresh consideration, termination, termination clauses of an employment contract, written contracts of employment

Doing zilch re mitigation reduces notice period from 14 to 12 months

February 24, 2020 Barry B. Fisher LL.B. Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Seykors v Rural Municipality of Lake Lenore (2019 SKQB 225) Richmond J. reduced the notice period by 2 months where the Plaintiff’s mitigation efforts were minimal and he had not applied for even one job.

employment law, failed to mitigate his loss of employment, mitigation, notice period, termination

Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

February 21, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, 0

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

accommodation, collective agreement, employment law, labour arbitration, Labour Law, negligent misrepresentation

When can LTD benefits frustrate an employment contract?

February 20, 2020 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

Disability benefits, Dismissal, duty to accommodate, employment contract, employment law, frustration of employment contract, Long-term disability, short-term disability