Canada labour Code

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

Labour Day is an annual holiday with some changes in Alberta and federally regulated sector

August 30, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world.

Canada labour Code, general holiday pay, Labour Day, Labour union movements, statutory public holiday, Trade Unions Act, Union relations

Three popular articles this week on HRinfodesk

June 27, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with amendments to the Occupational Health and Safety Act, the Budget Implementation Act, 2017, No. 2 and the most recent changes to come into force from the Canada Labour Code.

Canada labour Code, employment law, Leaves of absence, Occupational Health & Safety Act, Scheduling, scheduling rules, work scheduling

Legislating the right to disconnect

September 12, 2018 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

In France, the right to disconnect was enshrined in law in 2017. French workers in companies of more than 50 people have the right to turn off their work devices outside of working hours. Will Canada follow that path?

Canada labour Code, employee burnout, employment law, flexible schedules, flexible work hours, flexible working conditions, Ontario Bill 148, overtime pay claims, right to disconnect

Bill C-65 – Amendments to the Canada Labour Code dealing with sexual harassment and violence

February 22, 2018 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security

Federally-regulated employers, including those covered by the PESRA, should consider whether Bill C-65’s proposed changes require an examination or revision of current policies and practices on workplace violence or harassment.

allegations of sexual misconduct, Bill C65, Canada labour Code, employment law, Federally regulated workplaces, occupational health and safety incidents, policies and practices on workplace violence or harassment, sexual harassment and violence, workplace violence or harassment

Three popular articles this week on HRinfodesk

November 23, 2017 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

The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety.

Canada labour Code, employer accreditation for health and safety, employment law, health and safety, Leaves of absence, Workplace Safety and Insurance Board (WSIB), wsib, WSIB Rate Framework

Three popular articles this week on HRinfodesk

November 9, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: the new Canada Labour Code measures coming into force, liability for negative references and the Bill C-44 amendments to the Employment Insurance Act coming into force on December 3, 2017 .

Bill C-44, Canada labour Code, Employment Insurance Act, employment law, employment references

Federal undertakings involved in construction projects are not subject to a provincial occupational health and safety legislation

August 15, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources

Are the provisions of chapter XI of the Act respecting Occupational Health and Safety, pertaining to construction sites and principal contractors, constitutionally applicable to federal undertakings? Such is the question that the Superior Court of Quebec has responded to in Commission des normes, de l’équité, de la santé et de la sécurité du travail c. Commission des lésions professionnelles, 2016 QCCS 2424.

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EI benefits: New parent, more time off and more money?

April 19, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations

To implement these measures, Budget 2017 proposes to amend the Employment Insurance Act. The Government also proposes to amend the Canada Labour Code to ensure that workers in federally regulated sectors have the job protection they need while they are receiving caregiving, parental or maternity benefits. Workers in provincially regulated sectors will have to wait and see if provincial legislation will also be changed to extend job protection for 18 months. Without job protection, the flexibility to receive EI benefits over a longer period of time will be meaningless.

Budget 2017, Canada labour Code, Caregiving benefits, EI benefits, EI maternity benefits, EI parental benefits, Employment Insurance Act, employment law, Pensions and Benefits

Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?

March 8, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.

An Act to prohibit and prevent genetic discrimination, Bill 30, Bill S-201, Canada labour Code, discrimination on the ground of genetic characteristics, genetic, Genetic characteristics, Genetic discrimination, genetic discrimination in the workplace, Genetic Non-Discrimination Act, genetic test, genetic testing, human rights act, human rights code, Human Rights Code Amendment Act (Genetic Characteristics)

Unionized workers hiring their own lawyers: 3 issues

February 21, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

I often receive requests for consultations from unionized workers dissatisfied with their employer, their union or both. Frequently, this dissatisfaction arises out of the worker having a grievance with the company, but he or she feels that they are not receiving proper representation from their union. Before going ahead and hiring a lawyer outside of their union for advocacy, there are 3 challenges that people in this position should know.

Canada labour Code, employment law, grievance, Labour Relations Code, union, union members, unionized workers

Genetic non-discrimination: Update on Bill S-201

August 4, 2016 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

Bill S-201 would prohibit any person from requiring an individual to undergo a genetic test as a condition of: providing goods or services to that individual; entering into or continuing a contract or agreement with that individual; or offering or continuing specific terms or conditions in a contract or agreement with that individual. Those who contravene the rules would be subject to severe penalties.

Bill S-201, Canada labour Code, Canadian Human Rights Act, employment law, Genetic characteristics, Genetic Non-Discrimination Act, genetic test, human rights, Personal Information Protection and Electronic Documents Act, Privacy Act, Privacy Commissioner of Canada, prohibited ground of genetic characteristics, right to privacy

Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause

August 3, 2016 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.

Canada labour Code, common law, dismissal of non-unionized employees, employment contract, employment law, employment protection, federally regulated employers, just cause for dismissal, non-unionized employee, progressive-discipline program, statutory protections, unjust dismissal

Three popular articles this week on HRinfodesk

July 28, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

The three popular articles this week on HRinfodesk deal with: a case where an employee who was told to, “Get out!” constituted constructive dismissal; a case that addresses the question of whether an employer can restructure the workplace in good faith without constructively dismissing an employee; and a case that looks at whether federally-regulated employees can be terminated without cause.

Canada labour Code, constructive dismissal, damages in lieu of reasonable notice, employment contract, employment law, employment relationship, Employment termination, federally regulated employers, Potter Test, reasonable notice, repudiation of employment contract, termination of employment, workplace restructuring

Three popular articles this week on HRinfodesk

June 2, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources

The three popular articles this week on HRinfodesk deal with: The federal government’s consultation launch on the Canada Labour Code to provide federally regulated workers more flexibility in their work hours; a matter where the Ontario Court of Appeal deemed that an employer’s financial circumstances is no excuse for unreasonable notice; and a matter that deals with the Ontario Labour Relations Board’s jurisdiction over medical marijuana.

Agricultural Employees Protection Act, Canada labour Code, employer’s financial circumstances, employment law, flexibility in work hours, flexible work, government consultation, Labour Relations Act, medical marijuana, Ontario Court of Appeal, Ontario Labour Relations Board, personal and family responsibilities, reasonable notice, unreasonable notice, wrongful dismissal