Features For The Week of July 26, 2010
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Reported News and Articles by Jurisdiction
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| National |
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Monitoring employees' e-messages – Impact of recent US ruling for Canada?
by Derek Knoechel and Lorene A. Novakowski, Fasken Martineau DuMoulin LLP
On June 17, 2010, the United States Supreme Court issued its much anticipated decision in City of Ontario v. Quon. This was its first decision regarding the monitoring of electronic communications in the workplace by employers. What impact, if any, will the Quon decision have on Canadian law regarding employer monitoring of electronic communications in the workplace? (in PDF) [Article No. 33816]
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Simplified vehicle logbook
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Canada Revenue Agency recently introduced a simplified logbook for the motor vehicle expense provisions of the Income Tax Act and Excise Tax Act. The government claims that the new logbook “will reduce three quarters of the paperwork burden” business owners face when recording vehicle usage. [Article No. 33827]
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Probing the link between occupation and risk of suicide
by The Institute for Work & Health
Is it an urban myth that workers in certain occupations, such as dentists, are more likely to commit suicide, or not? It turns out that for most occupations, your job does not increase your risk of suicide. However, suicide is one of the leading causes of death in developed countries (in PDF). [Article No. 33828]
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Evidence summary shows what works in treating neck pain
by The Institute for Work & Health
Clinicians have tried various approaches to help workers with neck pain, but some have been proven ineffective in research. Supervised exercise with strength training is one approach that is quite possibly helpful in alleviating neck pain in workers. However, what likely won't work are mandatory work breaks, stress management programs or exercise instruction alone (in PDF). [Article No. 33830]
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Health & safety smart planner has arrived
by The Institute for Work & Health
The Health & Safety Smart Planner is a software tool designed to calculate the costs and benefits of workplace health and safety initiatives. It can be used by anyone involved in considering or undertaking a health and safety initiative (in PDF). [Article No. 33831]
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Wrongful dismissal damages – When pay in lieu won't do
by Dan Bokenfohr, McLennan Ross LLP
While Keays was predicted by many observers to lead to a significant decrease in both the prevalence and financial severity of manner of dismissal damages, some more recent decisions in this area of the law suggest that it may have also opened the door to novel forms of damages in certain wrongful dismissal cases (in PDF). [Article No. 33818]
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Labour force survey
by Statistics Canada
Employment rose by 93,000 in June, pushing the unemployment rate down 0.2 percentage points to 7.9%. This is the first time the rate has been below the 8% mark since January 2009. [Article No. 33808]
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Lying on your CV? Get ready to pay the consequences
by Gabriel Granatstein, Quebec Labour Law Blog
During my career as an officer in the Canadian Forces, I have had the opportunity to do a lot of interviews for candidates aspiring to be officers in the Forces. It was generally a pleasant experience. Candidates were knowledgeable and had excellent CVs. However, one candidate had a CV that was “too excellent”. It cited having gone to Yale and Harvard, but when questioned on his experiences there, did not have much information to give. We did a little research and it turns out that he was not being truthful. Moreover, we found out that he had some very bizarre statements about the Canadian Forces on some online forums (in PDF). [Article No. 33810]
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Badmouthing your employer (a.k.a. talking your way out of a job)
by Robert Smithson, Lawyer, Originally Published on Legal Ease
Employees sometimes feel an uncontrollable urge to speak frankly about their feelings for their employer. If they do this in any kind of a public forum, they may be talking their way out of a job. Just ask General Stanley McChrystal. General McChrystal was, until recently, the commander of the American armed forces in Afghanistan (in PDF). [Article No. 33812]
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August 1, 2010: Lughnasadh/Lammas, Wicca
Lughnasadh or Lammas is the name used for one of the eight "sabbats" in the Wiccan Wheel of the Year. It is the first of the three autumn harvest festivals, the other two being the Autumn equinox (also called Mabon by Wiccans) and Samhain. It is seen as one of the two most auspicious times for handfasting, the other being at Beltane. Some Wiccans mark the holiday by baking a figure of the "corn god" in bread, and then symbolically sacrificing and eating it. This holy day begins at sundown the day before this date.
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August 2, 2010: Civic Holiday/Simcoe Day/First Monday in August
In the provinces and territory of Ontario, Manitoba, Alberta, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Yukon, including federally regulated companies, the first Monday in August/civic holiday may be a discretionary day off with or without pay, but is not a recognized paid public (statutory) holiday under Employment Standards legislation. However, in some provinces such as Manitoba and Alberta, a discretionary holiday must be subject to the same rules as all other public (statutory) general holidays. For specific requirements for your jurisdiction, consult the Library section of HRinfodesk.
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August 2, 2010: First Monday in August, Public Holiday in Some Provinces and Territories
In the provinces and territories of British Columbia, Saskatchewan, New Brunswick, and the Northwest Territories, the first Monday in August is considered the province's national day and is a public (statutory) holiday. Employees get a day off with regular pay or public holiday pay. If the employee is 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, depending on the province or territory.
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August 11, 2010: Ramadan, Islam
The holiest period in the Islamic year and a religious observance that requires the employer to accommodate the muslim employee. A religious fast with prayers is held between the hours of sunrise and sunset for a period of one month. The holiday begins at sundown the day before. Muslims refrain from eating, drinking and smoking during fasting hours. Accommodation does not necessarily require time off from work, but varies and should be dealt with individually with the employee. Regional customs, group preference or moon sightings may cause a variation of this date. The observance remembers the period during which Mohammad received divine revelations.
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August 13, 2010: Obon / Festival of Souls (solar date), Shinto
Shinto festival to honour the dead. Involves lighting of bonfires, traditional meal, paper lanterns, folk dances. Local or regional customs may use a variation of this date. This is a primary holy days that may requrie accommodation.
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August 24, 2010: Raksha-Bandhan (Rakhi--North India), Hindu
Very important festival requiring all people celebrate with enthusiasm this sacred festival of Rakhi or Raksha Bandhan. Rakhi has become a sacred festival for sisters and brothers. According to ancient traditions, it is customary to have protection threads that are charged with sacred verses (Mantras) and sanctified with rice, durva grass etc.; to have these tied by people who know the Vedas or by near and dear ones. This protection thread saves from sins on the one hand and removes diseases on the other hand. By tying this thread, protection is afforded for a full one year and all kinds of fears are removed. Note: Regional customs, group preference or moon sightings may cause a variation of this date.
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September 13, 2010: National Payroll Week (NPW)
National Payroll Week (NPW) recognizes the accomplishments of payroll professionals, the payroll community and The Canadian Payroll Association, by building greater awareness of the size and scope of payroll and its impact on business, government and employees across Canada. NPW provides payroll professionals with the opportunity to inform employers, employees and other stakeholders of the mission-critical role they play in Canada’s economic and social infrastructure. For more information on how you can contribute and participate in events in your area, visit the dedicated website.
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| Alberta |
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Personal health information better protected
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On September 1, 2010, Alberta's Health Information Amendment Act (formerly Bill 52) came into force, along with its associated regulations, the Health Information Amendment Regulation and Electronic Health Record Regulation. The main purpose of the new legislation is to better safeguard the confidentiality and security of Albertans' health information. Essentially, the Act amends the Health Information Act in the following ways… [Article No. 33819]
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Public body correctly withheld requested records
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Information and Privacy Commissioner of Alberta recently decided that a public body did not meet its duty to assist an applicant by conducting an adequate search for the requested records. However, the public body was correct to withhold the records requested by the applicant because the records contained personal information of a third party. [Article No. 33820]
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| British Columbia |
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Union fulfilled its duty of fair representation
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The British Columbia Labour Relations Board recently confirmed that a union fulfilled its duty of fair representation when it learned of the circumstances, understood the possible merits of the grievance, put its mind to the case, and came to a reasoned decision not to proceed with an employee's grievance. [Article No. 33821]
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Government releases public sector compensation reports
by Ministry of Advanced Education and Labour Market Development
The province has released reports for the third consecutive year detailing the major elements of compensation for the top ranking/paid public sector executives in British Columbia. These reports ensure that public sector compensation reporting continues to meet standards for disclosure, and they provide the public with background about the compensation philosophy of the organization and how it relates to performance (in PDF). [Article No. 33807]
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| Federally Regulated |
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Pilots' mandatory retirement discrimination
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Air Canada Pilots Association is appealing the decision of the Canadian Human Rights Tribunal to the Federal Court of Canada on the question of mandatory retirement age for pilots. Hearings will start on November 22, 2010 in Ottawa and run until November 25, 2010. [Article No. 31001]
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Bill C-9 changes work refusal decisions
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In general, workers have the right to refuse work when they believe there is a danger, but the appeals process, used where the employer and employee disagree whether there is a danger present, has changed for federally regulated workplaces. Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures (Jobs and Economic Growth Act) received royal assent on July 12, 2010, and became law. Part 21 of the new law changes some major aspects of the Canada Labour Code regarding the appointment of appeals officers and the appeal hearing procedures related to work refusals. [Article No. 33822]
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| Northwest Territories |
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Supreme court decision in Giant Mine
by Steve McCardy, McLennan Ross LLP
This decision brings to an end one of the longest and most expensive legal actions in the Northwest Territories. Although the Supreme Court did not specifically address the employer’s liability, this decision will nevertheless affect employers who choose to carry on operations during a work disruption. Employers should be sure that they have taken appropriate steps to ensure the safety of their workers in these situations (in PDF). [Article No. 33817]
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| Nova Scotia |
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Merging of labour relations board and employment tribunal
The Nova Scotia government is proposing to merge six employment-related boards and tribunals into one board. They are consulting with interested stakeholders and have prepared a discussion paper to provide information regarding the establishment of the new proposed Labour Relations and Employment Board (in PDF). [Article No. 33806]
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| Ontario |
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Final steps to Bill 168 compliance
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
So, it's been more than a month now since Ontario's workplace violence and harassment amendments to the Occupational Health and Safety Act came into force, and I feel like we've nearly talked the subject into the ground. We've discussed what's in the amendments, how they affect Ontario's workplaces, what organizations have to do to comply with them, and numerous other issues associated with Bill 168. We even prepared our own guide to preventing violence and harassment in the workplace. What else is there to say? [Article No. 33833]
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Human rights claim dismissed: employee was not credible
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Human Rights Tribunal recently dismissed an employee's human rights claim based on the ground of sex because the employee was found to be not credible, combative and overly dramatic. While she aggrandized her claim at every possible opportunity, the employee could not provide any corroborating or confirmatory evidence that the conditions of her employment were poisoned by offensive gender-related comments or conduct. [Article No. 33823]
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FSCO's new records retention policy
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Financial Services Commission of Ontario (FSCO) has issued a records retention policy for pension plan administrators that became effective July 9, 2010. The purpose of the policy is to provide guidance for prudent records management and retention practices relating to Ontario registered pension plans. The policy provides plan administrators with information on their obligations and responsibilities related to the management and retention of pension plan records. It also provides administrators with practical guidelines and instructions on prudent record-keeping practices. [Article No. 33824]
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Producing medical records under human rights
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Human Rights Tribunal recently decided that an employee claiming discrimination based on disability had to produce all medical records sustaining his claim. This included clinical records, notes, and reports from the treating physician. [Article No. 33825]
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Sexual harassment complaint not dealt with appropriately
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Human Rights Tribunal recently decided that an employer did not handle a sexual harassment complaint appropriately. The employer owed a duty to act reasonably and respond adequately to the complaint of an alleged violation of the Human Rights Code, but it did not. [Article No. 33826]
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| Quebec |
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Docking employees' pay for negligence
by Gabriel Granatstein, Quebec Labour Law Blog
If you make a mistake at work, there are usually consequences; but are you obliged to pay the actual cost of that mistake? This question is asked quite often, both by employers and employees (in PDF). [Article No. 33813]
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Liability for the acts of volunteers?
by Gabriel Granatstein, Quebec Labour Law Blog
It is well-known that an employer can be held liable for the conduct of his or her employees under certain circumstances, but can an employer be held responsible for the actions of a volunteer? (in PDF) [Article No. 33814]
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Lots of new jobs in Québec!
by Gabriel Granatstein, Quebec Labour Law Blog
According to a Digital Journal article, the majority of new jobs in Canada were created in Québec and Ontario (in PDF). [Article No. 33815]
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| Yukon |
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Government seeks input on possible distracted driving regulation
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Yukon government is seeking public input from Yukon citizens on amendments to the Motor Vehicles Act that would regulate the use of cellphones and other electronic hand-held devices while driving or operating a motor vehicle. [Article No. 33829]
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