ESA

Q&A: What happens when an employee does not use their vacation entitlement?

September 6, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

In this conference Q&A, we address the alternatives when an employee chooses to not use their vacation entitlement in the vacation entitlement year as prescribed by law.

Calculating vacation pay, calculating vacation time, employment law, employment standards, ESA, Learn the latest, minimum employment standards, vacation entitlement, vacation pay, vacation time

Q&A: Critical illness leave to take care of parent outside of Canada

August 30, 2018 Ava Z Moradi, JD Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

In this conference Q&A, we address whether employees are entitled to take critical illness leave to care for a parent who is not in Canada.

19th Annual Employment Law Conference, critical illness leave, Employment Insurance, employment law, employment standards act, ESA, family caregiver benefit for adults, Learn the latest

Three popular articles this week on HRinfodesk

August 30, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Wages and Compensation

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

Alberta Personal Information Protection Act, British Columbia Personal Information Protection Act, collecting personal information, collection, compensation, consent, employment law, employment standards act, ESA, Jones v Freidman, limitation period for wrongful dismissal, meaningful consent, obtaining consent, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy, privacy policies, Quebec Act respecting the protection of personal information in the private sector, salary increases, Severance pay, use and disclosure of personal information, wages, wrongful dismissal, wrongful dismissal claim

Q&A: Maximum age of child for domestic violence leave eligibility

August 23, 2018 Ava Z Moradi, JD Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

In this conference Q&A, we address the eligibility criteria for domestic violence leave in relation to an employee’s child.

19th Annual Employment Law Conference, Bill 148, compliance with Bill 148, Domestic or Sexual Violence Leave, domestic violence leave, employment law, employment standards act, ESA, Learn the latest

Q&A: Bill 148 increases vacation entitlements for all employees

June 28, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments on topics including practical compliance strategies in light of Bill 148. While the law is clear in theory, its application tells many stories as employers and HR professionals deal in the practical world of differing employment dynamics. In this conference Q&A, we address the increases to vacation entitlements brought forth by Bill 148.

19th Ontario Employment Law Conference, Better Jobs Act, Bill 148, calculating vacation entitlement, Calculating vacation pay, employment law, Employment law conference, employment standards act, ESA, Fair Workplaces, Human Resources, Learn the latest, unpaid vacation claim, vacation, vacation entitlement, vacation pay

Three popular articles this week on HRinfodesk

June 28, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

accommodation of a disability, drug use in the workplace, employment law, employment standards act, ESA, flexible paid time off, floater days, greater benefit, health and safety, hrto, Human Resources, human rights code, Human Rights Tribunal of Ontario, medical marijuana, medical marijuana in the workplace, PEL, personal emergency leave, Robert Half survey, telecommuting, termination for cause, work from home, working from home, working remotely, “zero-tolerance” policy

Three popular articles this week on HRinfodesk

December 14, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Uncategorized, Wages and Compensation

The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018.

2018 Payroll rates, administrative penalties, basic personal amounts, Bill 148 the Fair Workplaces Better Jobs Act 2017, child death and disappearance leave, Compassionate Care Leave, cpp, domestic violence leave, Employment Insurance, employment law, employment standards act, equal pay for equal work, ESA, Fair Workplaces, Family Medical Leave, minimum wage, overtime pay, Payroll, personal emergency leave, pregnancy leave, Public Holiday Pay, QPIP, vacation, workers compensation

Three popular articles this week on HRinfodesk

December 7, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with the Fair Workplaces, Better Jobs Act, 2017, new payroll rates and Bill 148’s amendments to the Employment Standards Act, 2000 and to the Occupational Health and Safety Act.

Better Jobs Act 2017, Bill 148 the Fair Workplaces Better Jobs Act 2017, cpp, employment law, employment standards act, ESA, Fair Workplaces, minimum wage rates, occupational health and safety act, Payroll, payroll rates, QPP, workers compensation

Ontario Court of Appeal confirms offer of employment is consideration after an asset sale

November 22, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

This case is a useful reminder that in asset sales, as opposed to share purchases, the purchasing employer is not obligated to hire all the vendor’s employees.

asset sale, consideration, employment contract, employment law, ESA, offer of employment, ontario employment standards act, Termination clause

Long-term construction employees may be entitled to reasonable notice of termination

June 26, 2017 Jeff Dutton, Dutton Employment Law Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.

construction, construction employee, employment law, employment standards act, ESA, reasonable notice, Regulation 285/01, termination

Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

June 16, 2017 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

Dismissal, employment law, employment standards act, ESA, Notice, pay in lieu of notice, Severance pay, termination, total payroll, Wissing et al. v. Adtran Networks Canada Inc.

Ontario considers big changes to Employment Standards Act and Labour Relations Act

May 19, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation

For the first time in over 20 years, the Province of Ontario has commissioned an independent report to review both the Employment Standards Act and the Labour Relations Act.

casual employees, Changing Workplace Review, employment law, employment standards, employment standards act, ESA, Interim Report, interns, Labour Relations Act, part–time employees, sick leave, temporary employees, trainees, vacation pay

Three popular articles this week on HRinfodesk

May 18, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

discrimination, discrimination based on family status, employment law, employment standards, employment standards act, ESA, family status, minimum wage, overtime, overtime exemption, sick leave

Employer unsuccessful in voiding unfavourable termination clause

May 12, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

A recent decision from the Ontario Court of Appeal dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.

common law notice, employment law, employment standards act, ESA, Roberts v. Zoomermedia Limited, termination, Termination clause, termination provision, Wood v Fred Deeley Imports Ltd.

Three popular articles this week on HRinfodesk

May 11, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Penalties and Fines

The three popular articles this week on HRinfodesk deal with: Repeat violators from 2016 blitz; whether employer-employee relationship existed; and Labour force survey, April 2017.

blitz, employer-employee relationship, employment law, employment relationship, employment standards act, ESA, labour, labour force, unemployment, unemployment rate