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

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?


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What are the “exceptions” to the equal pay provisions of the Employment Standards Act

The Ministry of Labour has updated its Policy Statement on Equal Pay for Equal work which can be found on its website and which forms the foundation of this article.


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Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review #learnthelatest

Learn the Latest at the Ontario Employment Law Conference

Although the final report from the Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party introduced a private member bill on April 4, 2017 aiming, among other things, to make it easier for workers to unionize their workplaces.


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Family Day February 20: Which provinces have a day off with pay?

In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island and Saskatchewan, Family Day is recognized as a public (statutory) holiday and employees get the day off with pay, if eligible. Each year, these provinces celebrate Family Day on the third Monday in February. In 2017, Monday, February 20 is Family Day.


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Why is domestic violence more often becoming a workplace responsibility?


It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread.


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Back-to-work postal legislation found in violation of Charter rights

Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.


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In camera meetings – Closing the door doesn’t make it private

In camera (or closed–door) meetings exclude the public from participating and, by their very nature, they enjoy an aspect of privacy that open meetings do not. Additionally, if an administrative body is carrying out a public function, the privacy of the contents of in camera meetings can be further protected by a legal principle called “deliberative secrecy”. However, in certain circumstances, the courts may require that parties give evidence of what transpires in these meetings—in particular where they relate to administrative bodies acting as employers, rather than carrying out public functions.


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Labour Day: Monday, September 5, national statutory holiday in Canada

Across Canada, Labour Day is a statutory (public) holiday that is observed on the first Monday in September. This year, Labour Day is September 5. Typically, employees are given Labour Day off with regular pay or public holiday pay (depending on the province or territory of employment). In the event employees are required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (again, this depends on the province or territory of employment).


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New protections for children in the entertainment industry

Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.


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Update: Is the failure to provide parental leave “Top-Up” benefits discriminatory?

I previously wrote a post about a Nova Scotia Human Rights Board of Inquiry Decision which considered whether an employer’s failure to provide top-up benefits to biological parents on parental leave was discriminatory. The Court of Appeal issued its decision on February 10, 2016.


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February 15 is Family Day! See which provinces have a day off with pay

Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Prince Edward Island, and Saskatchewan have recognized Family Day as a public (statutory) holiday and allow employees to get the day off with pay (if eligible). All of the above mentioned provinces (excluding British Columbia) celebrate Family Day on the third Monday in February each year. In 2016, Monday, February 15 has been deemed Family Day.


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Saskatchewan government’s do-over: another version of essential services legislation proposed

Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.


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Ban on blue jeans and shorts in the workplace: Unreasonable in the circumstances

In Canadian Union of Public Employees, Local 1716 v. British Columbia Assessment Authority, the union filed a policy grievance after a new management policy was put in place in the Kelowna office of the British Columbia Assessment Authority. The new policy banned the wearing of blue jeans or shorts in the office by all employees on days that they were not in the field in settings where jeans were appropriate, for example on farm locations.


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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with 2016 projected salary increases and criminal background checks.


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Labour Day, national public holiday in Canada

This year, Labour Day falls on Monday September 7, 2015. All provinces and territories in Canada observe this public holiday. Government bodies and agencies as well as many businesses are closed on Labour Day.


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