Payroll

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

Three popular articles this week on HRinfodesk

January 23, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Payroll, Source Deductions and Reporting, 0

The three popular articles this week on HRinfodesk deal with revised WSIB policies, updated CRA tables, forms and guides, and workplace safety inspections.

employment law, federal basic personal amount, rate-setting model, safety inspections

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

Unfair Investigation? No Comment.

January 15, 2020 Rubin Thomlinson LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

We are now in a world where workplace harassment is taken much more seriously than it was before. Although some jurisdictions in Canada do not have an explicit legal obligation to investigate incidents of this nature, there is now a pressing moral obligation to do so. But when such a moral obligation is unmoored from legal principles or government-issued guidelines, there is a greater risk of unfairness to all parties. An investigation in this context is more likely to be guided by an emotional drive to either undermine those who raise complaints or persecute those who are alleged to have behaved badly, rather than arriving at factual findings from a neutral perspective using a fair investigation process.

employment law, external investigator, workplace complaints, workplace harassment, workplace investigations

When #TimesUp goes on trial: Key Takeaways from a judge’s decision following a sexual harassment investigation

January 14, 2020 Piccolo Heath LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

Although stories of workplace sexual harassment were pervasive as we closed the last decade, it was uncommon to see any of these cases make it all the way to trial. Early (and confidential) settlements with the accused are the norm, and trials are rare.

#TimesUp, employment law, sexual harassment, sexual harassment investigation, workplace investigation, workplace sexual harassment, wrongful dismissal claim

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

Top 10 most-read First Reference Talks blog posts for 2019

December 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Wages and Compensation, 0

This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.

breach of confidentiality, Discretionary bonus, Dismissal, employment contracts, employment law, pay reduction, planned layoffs, poor performance, progressive discipline, Severance pay

Denial of employee benefits to working seniors: a charter violation

December 24, 2019 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

On May 18, 2018, the Human Rights Tribunal of Ontario rendered its decision with respect to the issue of whether s. 25(2.1) of the Human Rights Code, when read alongside s. 44 of the Employment Standards Act, 2000, permitted employers to terminate benefits for employees when they turned 65. In Talos v. Grand Erie District School Board, the Tribunal found that such a termination violated s. 15 of the Canadian Charter of Rights and Freedoms, because it was a form of age discrimination.

age discrimination, age discrimination claim, age-based discrimination, discrimination based on age, employment law, health benefits, insurance benefits