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Most-viewed articles this week on HRinfodesk

Company was the author of its own misfortune when insisting on treating employee as independent contractor

The Federal Court of Canada just dismissed a company’s application for judicial review of a decision by the Manager of the Taxpayer Relief Program, Appeals Division, of the Canada Revenue Agency. Given that the company ignored the CRA and decided to continue to treat an employee as an independent contractor, it did not make the proper deductions and owed money to the CRA. As a result, the $9,000 penalty and interest under the Income Tax Act still applied-and now, the company also owed costs.

Claims of working notice and constructive dismissal amounted to a ‘masquerade’

Last year, I discussed a case in which the British Columbia Supreme Court found an employer claimed to constructively dismiss an employee in order to terminate him immediately and avoid paying him the 15 months of notice stipulated in his contract. The employer argued that it gave the employee working notice and a change of assignment: to finding a new job. Not surprisingly, the court found the arrangement to be a “guise” for the immediate termination. Well, the Court of Appeal of British Columbia recently agreed with the initial trial decision.

Reform of temporary foreign worker program now law

The federal government’s Bill 60, An Act to implement certain provisions of the budget received royal assent on June 26, 2013, (short title: the Economic Action Plan 2013 Act, No. 1) includes measures to reform the controversial temporary foreign worker program (TFWP).

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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.
Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more
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