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News and Discussions on Payroll, HR & Employment Law
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    A recent case out of the Quebec Superior Court Lysecky v. United Parcel Service of Canada Limited 2010 QCCS 5098 is indicative how the question of "moral damages" is still unsettled law.

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    A recent case from the Alberta Court of Appeal suggests that Honda damages, previously known as Wallace damages, are becoming less of a threat for employers in wrongful dismissal suits.

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    The three popular articles this week on HRinfodesk deal with: Ontario Employment Standards Act reforms underway; employees awarded $15,000 each in moral damages against employer; and upcoming employment and labour law changes in Alberta.

    The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.


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    On June 7, 2017, outside of House sitting, Bill 17, Fair and Family-friendly Workplaces Act received royal assent. This means effective January 1, 2018, most of the new rules updating employment and labour law in union and non-union Alberta workplace will come into force.

    The post Alberta employment and labour law reforms passed appeared first on First Reference Talks.


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    The Fraser Institute just announced that June 9 is Happy Tax Freedom Day 2017 (although the date varies depending on where you live in Canada). According to the Fraser Institute calculations, from that day onward, employees are finally working for themselves and their family. Moreover, if you had to pay all your taxes up front to different levels of government, you are now in the clear to keep the rest of your earnings until a new year begins.

    The post June 9, Happy Tax Freedom Day 2017! appeared first on First Reference Talks.


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    Social media has drastically changed the way people communicate and do business. Naturally, employers may want to take advantage of the convenience of performing background checks on social media. But with increased use of social media comes increased risk of a privacy violation.

    The post Social media background checks and privacy laws appeared first on First Reference Talks.


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    If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

    The post OHSA in wonderland: Through the looking glass appeared first on First Reference Talks.


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    The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. To find out more about how the new tort of harassment in the employment law context, register to Learn the Latest® at the Ontario Employment Law Conference on June 20, 2017.

    The post Bad facts make bad law (for employers): Court recognizes new tort of harassment #learnthelatest appeared first on First Reference Talks.


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    The 18th annual Ontario Employment Law Conference will be taking place on Tuesday, June 20, 2017 at the Corporate Event Center at CHSI in Mississauga. We are very much looking forward to hearing from Ontario Minister of Labour Kevin Flynn and the employment and labour law experts from Stringer LLP! If you would like to register for the conference but haven’t done so yet, registration will be closing on Friday, June 16, 2017.

    The post Only one week left to register for the Ontario Employment Law Conference #learnthelatest appeared first on First Reference Talks.


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    The modern workplace requires innovation, agility and creativity when it comes to employee engagement, learning and development, how to accept and embrace the high turnover, gig economy, and how to stop generalizing generations. Few would disagree that an organization will only grow and thrive when it can figure out how to engage all individuals, not just certain demographics or generations.

    The post Employee engagement in the modern workplace appeared first on First Reference Talks.


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    The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

    The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.


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    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.

    The post Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation appeared first on First Reference Talks.


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    The business consequences of departing employees gone rogue were recently highlighted in Prim8 Group Inc. v Tisi. In that case, an officer and director of Prim8 Group Inc. (Tisi) resigned from his employment to set up a competing business. Two days before his resignation, Tisi removed electronic equipment from Prim8’s premises, some of which contained proprietary information, and refused to return it. Shortly thereafter, another employee resigned from Prim8 without notice to join Tisi’s competing business.

    The post Departing employees gone rogue appeared first on First Reference Talks.


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    Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW will not negatively impact the Canadian labour market. In most cases, the Canadian employer must apply to Employment and Social Development Canada, also known as Service Canada, for approval of the Labour Market Impact Assessment (“LMIA”), previously called a Labour Market Opinion or LMO. A LMIA is a very detailed application process that is subject to a high level of review, and must be completed without error.

    The post Owner/operator Labour Market Impact Assessment and its importance for permanent residence applications in 2017 appeared first on First Reference Talks.


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    On June 21, National Aboriginal Day is celebrated in Canada. This day of recognition and celebration was established to honour the unique heritage, diverse cultures and outstanding contributions of First Nations, Inuit and Métis peoples. The Northwest Territories and Yukon are currently the only two jurisdictions in Canada that recognize June 21 as a statutory holiday.

    The post Celebrating National Aboriginal Day appeared first on First Reference Talks.


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    In Wood v. Fred Deeley Imports Ltd., the Ontario Court of Appeal confirmed that a “written employment agreement is not unenforceable merely because the employee signs it after starting to work”. The Court found the trial judge’s inference to be reasonable, noting that Deeley did not claim she reviewed the terms of her employment for the first time on April 24, 2007, or that the contract contained any new material terms. The Court acknowledged that the contract was likely signed the day after Deeley started work as “a matter of administrative convenience.” In these circumstances, fresh consideration was not necessary.

    The post Can an employment agreement executed after the employee starts work be enforced? The Ontario Court of Appeal says yes. appeared first on First Reference Talks.


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    The three popular articles this week on HRinfodesk deal with: Wages by occupation, 2016; The risks of mischaracterizing an employee as an independent contractor; and Employer ordered to pay over $53,000 for unpaid general holiday and vacation pay.

    The post Three popular articles this week on HRinfodesk appeared first on First Reference Talks.


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    In Quebec, Saint-Jean-Baptiste Day, Fête nationale du Québec et de la Francophonie canadienne, is a statutory holiday on June 24 each year.

    The post Celebrating Saint-Jean-Baptiste Day in Quebec appeared first on First Reference Talks.