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Pensions: An Overview of the Law
Canadian Encyclopedic Digest, Thomson Reuters
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Attention HR Department: Are your policies and practices AODA ready?
On January 1, 2016, the employment standards provisions set out in the Integrated Accessibility Standards Regulation made pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 come into force for large non-public sector employers in the province. These new...
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Election Day Reminder: Employer Obligations to Provide Time for Voting
With election day just around the corner, we thought it would be appropriate to provide an overview of employer obligations regarding time for voting. The Canada Elections Act (the “Act”) governs an employer’s obligations with respect to allowing time to...
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Butt-Dial Gets Moonlighting Employee in the End
The inadvertent pocket-dial or “butt-dial” has happened to everyone. In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call. In a recent Alberta case Ross v. IBM Canada...
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New Minimum Wage Rate in Alberta to Take Effect on October 1, 2015
Employers must ensure that their employees in Alberta receive at least the minimum wage rates set out in section 9 of the Employment Standards Regulation (the « Regulation »). During its 2015 provincial election campaign, the Alberta New Democratic Party (« NDP ») made...
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To Comply or Not To Comply? The Dangers of Non-Compliance Under the New Regulations for the Temporary Foreign Worker Program and International Mobility Program
In June 2014 the Canadian government announced its overhaul of the Temporary Foreign Worker Program (“TFWP”), splitting the TFWP into two distinct programs: those involving Labour Market Impact Assessment (“LMIA”) based work permits, and those involving LMIA-exempt based work permits....
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Dependent Contractors Win Big: Keenan v. Canac Kitchens, 2015 ONSC 1055
Co-author: Natalie Pawson, Summer Student Not all persons who provide services in exchange for compensation fall neatly within either the definition of “employee” or “independent contractor”. Somewhere on the continuum between these two concepts lies the “dependent contractor” – a...
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Termination Clauses and Continuation of Benefits: A Warning and Reminder for Employers in Ontario
Employers often seek to limit their termination liability with termination clauses. If a termination clause does not meet the minimum requirements of the Employment Standards Act, 2000 (“ESA”), then the termination clause will not be valid and an employee will...
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High Heels in the Workplace could be High Risk for Employers
Co-author: Teri Treiber, Articling Student Although high heeled shoes can certainly look great, wearing them for a long period of time can cause pain and discomfort, as many women know. For employers, particularly in certain industries such as the hospitality...
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Clear and Unambiguous Termination Provision Provides Protection for Employer
The decision in Luney v. Day & Ross Inc. (2015, ONSC) (“Luney”) demonstrates how clear, unambiguous termination provisions in an employment agreement can help an employer limit their liability when terminating an employee without cause. Where an employer does not...