Employment Standards legislation
June 6, 2017 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
On Wednesday May 24, 2017, Alberta introduced Bill 17, Fair and Family Friendly Workplace Act, which is its first major overhaul of employment standards in that province since 1996. The proposed amendments to the Employment Standards Code include unpaid leaves for employees (including domestic violence leave), reduced qualification periods for leaves, increased overtime banking rates and amended vacation entitlements, to name a few.
Bill 17, Changing Workplaces Review, domestic violence leave, employment law, Employment Standards legislation, Fair and Family Friendly Workplace Act, human resources policies, minimum wage, overtime, unpaid leaves, vacation
January 3, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation
At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.
common law, Discretionary bonus, duty of good faith, duty to mitigate, employee’s resignation, employment contract, employment law, employment law jurisprudence, employment law requirements, employment relationship, Employment Standards legislation, Enhanced Canada Pension Plan, HR Law, HR strategies, Legalization of marijuana, occupational health and safety, Payroll planning, termination of the employment, workers compensation
November 4, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual’s entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.
common law, common law obligation, consideration, dismissal without cause, employment contract, employment law, employment standards act, Employment Standards legislation, Garreton v Complete Innovations Inc., just cause for dismissal, notice of dismissal, reasonable notice, Severance pay, termination clauses, termination pay
October 14, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations
I had a client recently ask why he would bother going through the cost and efforts of doing up an employment contract, if he was going to have to fight with ex–employees’ lawyers and pay out a package in a without cause situation anyway. Good question.
employment contracts, employment law, Employment Standards legislation, entitlements upon termination, Just cause termination, pay in lieu of notice, terminate an employee, termination damages, Termination provisions, Without cause termination
October 7, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation
When it comes to employment standards legislation, employers must remember that just because an employee agrees to something, that does not make it lawful. More importantly, parties cannot contract out of employment standards requirements, and employers that breach employment standards legislation expose themselves to significant risk, even if the employee in question appears to have acquiesced. This often arises when it comes to overtime or vacation.
employment law, Employment Standards legislation, employment standards requirements, Ministry of Labour, Ministry of Labour inspectors, overtime, overtime pay, vacation pay, vacation time
February 5, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.
common law, corporate downsizing, dismissed for cause, employment contract, employment law, Employment Standards legislation, providing inadequate notice, reasonable notice period, refusing to work during the notice period, repudiated the employment contract, termination, terminations, working notice
February 2, 2015 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
As of 2015, six provinces have implemented statutory holidays (also known as public holidays) in February.
collective agreement, Day of with pay, Employers’ public holiday policies, employment law, Employment Standards legislation, Family day, greater rights or benefits, Heritage Day, Islander Day, Louis Riel Day, Paid day off, premium pay rates, Public Holiday, public holidays, retail closing, Statutory Holiday, statutory holidays, substitute day off, third Monday in February
December 8, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
It is a commonly held belief that employees must provide two weeks’ notice when they resign from their employment. However, this blanket statement does not necessarily reflect the applicable legal requirements. While two weeks’ notice is appropriate in many cases, some employees may be required to provide less notice, and other employees may be required […]
common law, Employee resignation, employment contract, employment law, Employment Standards legislation, enforceability of a contractual resignation requirement, How much notice of resignation must an employee provide?, HR Law, reasonable notice
December 5, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations
Small to midsize employers, many HR professionals, and many lawyers proceed based upon completely inaccurate understandings of how employment law works. While there are many examples of this, there are three that I see regularly in my practice: the myth that the severance entitlement in Canada is one month per year, regardless of other factors […]
'rule of thumb, 2000, Bardal Factors, common law, constructive dismissal, employment law, employment standards act, Employment Standards legislation, HR professionals, inducement from prior secure employment, Notice of termination, probationary period, reasonable notice, right to lay employees off temporarily, Small to midsize employers, temporary layoff
September 5, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation
The distinction between employees and contractors is an issue that will not go away. As I have written about in the past, there seems to be a trend toward giving workers the option of being treated as an employee or a contractor, though the reality is that this impacts nothing other than how they are paid.
Canada Pension Plan contributions, Canada Revenue Agency, common law, contractual arrangement in place, Employee v. contractor, Employee vs. self-employed, employment insurance premiums, employment relationship, Employment Standards legislation, independent contractor, paying taxes, potential liability with respect to unpaid taxes, Self-employed, Tax courts, the relationship was truly one of employer-employee, wrongful dismissal claim
June 19, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Union Relations
In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013…
Canada labour Code, constitutional right, employment law, Employment law and First nation band, Employment Standards legislation, federal jurisdiction, Federal undertaking, Federal works, federally regulated, First Nation, Indian Act, jurisdiction, Jurisdictional issues, labour relations, Provincial jurisdiction
August 9, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations
Assessing how much notice of termination a particular employee is entitled to is a challenge most employers would like to avoid. As those of you who deal with the issue on a regular basis know, employment standards legislation sets out the minimum amount of notice, but it will almost never be sufficient unless the employee has an enforceable contract that limits them to the statutory amounts. In most cases, the common law will require that an employer provide “reasonable notice”, and though there are many myths, there are no easy ways to determine what is reasonable.
'rule of thumb, age and position, Bardal Factors, canadian employment law, common law, discipline, employees approaching retirement age, employee’s length of service, employment agreement, employment contract, employment law, Employment myths, employment standards, Employment Standards legislation, end of mandatory retirement, inducement, maximum of 24 months of notice, minimum amount of notice, Notice of termination, notice period, Notice periods, one month of notice for every year of service, reasonable notice, reasonable notice of dismissal, secure employment, severance package, statutory amounts, termination, terminations, wrongful dismissal
January 23, 2013 Michele Glassford Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation
The New Brunswick Labour and Employment Board recently decided that an employee was entitled to a paid lunch break because he was working on a boat which not only prevented him from leaving the “worksite” for his lunch break, but also left him operating the boat during his lunch and effectively, under the control of […]
employer-controlled, employer’s degree of control during the break, employment law, Employment Standards legislation, job responsibilities, Lunch break, lunch breaks are paid or unpaid, Meal break, meal break policies, Rest breaks, specific working conditions, workplace
February 17, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources
All jurisdictions in Canada provide for a number of public (also called statutory or general holidays) holidays each year. Some are common to all jurisdictions; others are specific to individual provinces and territories. This year, Family Day falls on Monday February 20, 2012.
Alberta, Day off with pay, employment law, employment standards act, Employment Standards legislation, Family day, general holidays, manitoba, ontario, President's Day, Prince Edward Island, Public Holiday, public holidays, Saskatchewan, Statutory Holiday, statutory holidays, Time off with pay
January 30, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits
Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…
Adoptive mothers, Adoptive parents, biological mothers, birth mothers, canadian charter of rights and freedoms, discrimination, EI benefits, Employment Insurance, Employment Insurance Act, employment law, Employment Standards legislation, federal court of appeal, maternity leave, maternity leave benefits, parental leave, parental leave benefits, physiological and psychological experience, pregnancy and childbirth, pregnancy leave, Section 15(1) of the Charter, Supreme Court of Canada, Tomasson v. Canada (Attorney General)
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