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Features For The Week of June 29, 2009
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Reported News and Articles by Jurisdiction
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| National |
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Old news, but good news on Canadians' incomes
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
A just-released report from Statistics Canada finds that from 2006 to 2007, Canadian families' median after-tax income rose almost twice as fast as the previous year. From 2005 to 2006, median after-tax income increased by 2.1 percent, reaching $58,300; and over 2006-07, it grew by 3.7 percent, to reach $61,800. [Article No. 30283]
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Disability and the workplace: the figures
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The incidence of activity-limiting physical and mental disability in Canada is increasing so quickly that between 2001 and 2006, the disabled population of Canada grew faster than the non-disabled. As of 2006, disabled persons accounted for a remarkable 14.3 percent of Canadians. This increase has occurred alongside the aging of Canada's population, and Statistics Canada finds that this factor accounts for close to half of the increase in disability. [Article No. 30284]
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Employer policy for cellphone ban
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Many Canadian provinces have passed or are in the process of passing laws banning the use of hand-held devices while driving, as have several American states. Employers who are used to having employees check in or conduct other business while on the road may have to make a few changes once new laws banning cellphones and other hand-held personal devices while driving come into effect in Ontario and Manitoba in the fall of 2009. Bans are already in force in Nova Scotia, Quebec and Newfoundland and Labrador. For the above reason, HRinfodesk wanted to know: due to changes in law banning the use of hand-held devices while driving, do organizations intend to develop a policy on cellphone use for this coming fall? [Article No. 30282]
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Payroll employment, earnings and hours, April 2009
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Statistics Canada has released its Survey of Employment, Payrolls and Hours update for April. Without counting self-employment, April saw employment continue its decline, losing 51,400 non-farm jobs over the month. This is a drastically different result from the earlier Labour Force Survey which noted 36,000 self-employment jobs were added in April. The total job losses between October 2008 and April 2009 now rest at 376,500. Average weekly earnings grew in April at a slower pace than March. [Article No. 30261]
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Legislation to better protect Canadians from dangerous goods comes into force
by Transport Canada
To keep Canadians safe and secure, Canada's Transport Minister, John Baird, announced that Bill C-9, an Act to amend the Transportation of Dangerous Goods Act, has received royal assent and comes into force on June 16, 2009 (in PDF). [Article No. 30272]
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Employees can’t hide on the Internet
by Robert Smithson, Lawyer, Originally Published on Legal Ease
It seems, from my perspective, to have become fashionable for employees to publish critical comments about their employer (or former employer) on the Internet. In many instances, these publications are accomplished using a pseudonym. The nature of the comments can cross the boundary into being legally actionable for, as an example, defamation. What the publishers of these comments don’t seem to understand is that using a pseudonym when violating the rights of others may not protect them from legal liability (in PDF). [Article No. 30265]
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Employer-paid health club dues
by Knotia, a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
What is the taxability of an employer's reimbursement of a gym membership to an employee
who is working temporarily in another city? (In PDF) [Article No. 30266]
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Dealing with heat stress in the workplace
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Workers required to work in hot conditions must be adequately prepared to deal with heat stress. Several Workers’ Compensation Board or Occupational Health and Safety divisions of the Ministry of Labour across Canada have developed health and safety guidelines to assists employers in preventing and dealing with heat stress. The various guides and resources provide steps to identify and control heat stress, including each type of heat stress, their cause, symptoms, treatment and prevention. [Article No. 8669]
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Number of EI recipients up 2.7 percent in April
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In April 2009, 697,000 people received regular Employment Insurance (EI) benefits, up 18,600 from a month earlier. However, this 2.7% increase was the smallest in six months. [Article No. 30163]
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July 7, 2009: Asalha Puja Day – Dharma, Buddhist
This is a Buddhist observance; one of their primary holy days dedicated to when Gautama Buddha made his first public proclamation to five ascetics. He taught the middle way, the noble eight-fold path and the four noble truths.
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July 13, 2009: Ulambana (Obon), Buddhist
Buddhist celebration of the ritual of saving the deceased from torments after death. This is not a primary holy day.
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July 14, 2009: Bastille Day, France
Very important date for employees who originated from France. It is their national day and commemorates the first day of the French Revolution (1789-1793) and symbolizes the end of monarchy and the beginning of the French Republic.
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July 19, 2009: Lailat al Miraj, Islam
Islamic observance of Mohammed's night journey from Mecca to Jerusalem and his ascension to heaven. This not a primary holy day.
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July 30, 2009: Tisha B'Av, Jewish
This the saddest day in the Jewish calendar. Orthodox Jews do not eat or drink anything (including water) from the previous day's sundown until an hour after sundown. Doing work is discouraged on this day, which is spent in prayer, mourning and reading from the Book of Lamentations. Until midday, one sits only on a low stool or the floor as a sign of mourning, one does not wear leather shoes and one does not greet another person. Orthodox employees will request accommodation to spend the day in mourning and because they are fasting. Tisha B'Av, the 9th of Av, is the anniversary of many sad events, including the destruction of both the First and Second Temples in Jerusalem (586 BCE and 70 CE), the destruction of the last Jewish fortress of the Bar Kochba rebellion (year 135), the expulsion of all Jews from Spain in 1492, and the outbreak of World War I in 1914.
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August 3, 2009: 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, 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.
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August 3, 2009: First Monday in August, A 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 5, 2009: Lailat al Bara'ah, Islam
Islamic Night of Forgiveness. A night of prayer to Allah for forgiveness of the dead. Preparation for Ramadan through intense prayer. Not a primary holy day.
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August 5, 2009: 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.
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August 14, 2009: Janamashtami / Krishna Jayanti (Birthday of Krishna), Hindu
Hindu celebration of the birthday of Krishna. Nightlong prayers are held in the Temples. A two day observance. Temples and homes are beautifully decorated and lit. An attractive feature of the celebrations are cribs & other decorations depicting stories of Lord Krishna's childhood. People fast all day and eat only after the midnight birth ceremony. Often the image of the baby Krishna is placed on a swing and bathed with charanamrit (holy water). Midnight prayers are performed. The sound of hymns and religious songs extol the greatness of Krishna.
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August 17, 2009: Paryushana, Jain
Jain eight-day festival signifying human emergence into a new world of spiritual and moral refinement. Marked by recitations from Jain sacred writing and family exchange of cards and letters. Celebration of the natural qualities of the soul. The eighth day (Samvatsari) is most important and is focused on forgiveness. This is a primary holy day.
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August 22, 2009: 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.
For accommodation ideas, read the article titled: Accommodating Employees who Observe Ramadan, in the Library section. The observance remembers the period during which Mohammad received divine revelations.
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August 23, 2009: Ganesh Chaturthi, Hindu
A Hindu festival honoring the god of prosperity, prudence and success. Images of Ganesa are worshipped. Lord Ganesh is worshipped in different forms in India and abroad.
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| Alberta |
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Occupational health & safety explanation guide 2009
by The Alberta Queen's Printer
The OHS Code Explanation Guide 2009 that explains the recent changes that came into force July 1, 2009, is available from the Alberta Queen's Printer (in PDF). [Article No. 30287]
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Human rights act amendments
by McLennan Ross LLP
On June 4th 2009, royal assent was received for several changes to the Human Rights, Citizenship and Multiculturalism Act. These amendments have not yet been proclaimed in force but will be soon. The most publicized changes confirmed parents' rights to exempt their children from a school course or subject matter that primarily and explicitly deals with religion, human sexuality, or sexual orientation (in PDF). [Article No. 30288]
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Protecting employee personal information
by Miller Thomson LLP, Labour & Employment Practice Group
One significant aspect of employing workers is the collection of information about those workers in order to effectively administer human resources. Much of this information is of a personal nature, including employees’ addresses, dates of birth, social insurance numbers, marital status and rates of pay. Alberta’s Personal Information Protection Act imposes obligations on organizations that collect personal information to protect such information. Employers must be aware of these obligations, and must take steps to adequately safeguard personal employee information (in PDF). [Article No. 30289]
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| British Columbia |
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You're not fired: reduced wages as grounds for constructive dismissal
by Valerie Dixon, Clarck Wilson LLP
Constructive dismissal occurs when an employer unilaterally changes a fundamental term of the employment contract, such that the employee is entitled at law to treat the employment as being terminated. An employee who is constructively dismissed has all the rights of an employee who is expressly terminated by the employer without cause (in PDF). [Article No. 30290]
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You're not hired: avoiding recruitment discrimination claims
by Valerie Dixon, Clarck Wilson LLP
Many of you have read about the recently published study of Professor Philip Oreopoulos titled "Why Do Skilled Immigrants Struggle in the Labour Market? A Field Experiment with Six Thousand Resumes". Professor Oreopoulos observed that immigrants struggle in the domestic labour market – both in terms of unemployment rate and salary level – when compared to their equally qualified Canadian-born counterparts. Professor Oreopoulos's study makes three main conclusions: (in PDF) [Article No. 30291]
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Settlement agreement enforced by court
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The British Columbia Supreme Court recently upheld a settlement agreement between an employer and former employee even though the employee found alternative employment only hours after signing the settlement agreement. The court stated that although this was a series of unfortunate events for the employer, the statutory declaration was signed and it was true at the time the agreement was concluded. The statutory declaration was a snapshot of the employee's situation and did not purport to be a continuing representation for an unspecified time. Thus, the employer had to pay the moneys as set out in the agreement. [Article No. 30182]
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Training tax credits for employers
by Ministry of Finance
This bulletin provides specific information on the Training Tax Credits for employers. This program provides refundable tax credits for salary and wages paid by eligible employers who are individuals, corporations and active members of a partnership, and who employ an eligible employee (in PDF). [Article No. 30263]
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Accepting new job while on leave breaches employment obligations
by Harris & Company, Labour and Employment Lawyers
The BC Court of Appeal recently found that an employee who accepted new employment while on administrative leave terminated her employment relationship with the leave granting employer (in PDF). [Article No. 30268]
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| Federally Regulated |
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Sympthy strikes not protected by charter
by Harris & Company, Labour and Employment Lawyers
The Federal Court of Appeal recently ruled that provisions of the Canada Labour Code which prohibit sympathy strikes do not violate the right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms (in PDF). [Article No. 30271]
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Court dismisses motion to certify class action for overtime wages
by John Field, Hicks Morley Hamilton Stewart Storie LLP
On June 18, 2009, Madam Justice Lax of the Ontario Superior Court of Justice released her decision, in which she dismissed the motion for certification of a proposed class action brought by Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce with respect to her claim alleging unpaid
overtime wages (Fresco v. Canadian Imperial Bank of Commerce) (in PDF). [Article No. 30264]
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| Manitoba |
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Proposed pension regulatory changes
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Manitoba Office of the Superintendent – Pension Commission is seeking interested stakeholder input on proposed amendments to the Pension Benefits Regulation to give full effect to the changes made in 2005 to the Pension Benefits Act. The proposed changes have been organized into 11 separate parts and represent an extensive rewrite of the regulation. [Article No. 30183]
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| Nunavut |
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July 9, 2009: Nunavut Day
July 9th, Nunavut Day, an event to mark the official birth of Canada's newest territory back in 1999. It is officially recognized as a holiday for all Government of Nunavut employees. Employees of Nunavut Tunngavik Inc.. and the regional Inuit associations celebrate Nunavut Day each year on July 9th with a paid holiday. Note that employees in the private sector do not get the day off with pay because it is not recognized by the Nunavut labour standards as a public (statutory) holiday. It's up to individual employers to decide if their staff get Nunavut Day off.
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| Ontario |
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Job-protected leave for living organ donors in force
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On June 27, 2009, the government named June 26, 2009 as the day on which the Employment Standards Amendment Act (Organ Donor Leave), 2009, c. 16, comes into force. These amendments make it easier for individuals to donate their organs, by requiring employers to provide job protected leave for employees who donate certain organs to another individual. This builds on the $4 million announced in 2007 to implement an Organ Donation Strategy. [Article No. 29109]
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Employer ordered to pay unpaid wages
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In a recent case, the Ontario Labour Relations Board found that the employer attempted to create an alternative wage rate which consisted of a variable rate that was "grossed up" by an unidentified multiplier, all to avoid paying employee's wages owed under the Employment Standards Act. [Article No. 30281]
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Giving working notice – what you need to know
by Karen M. Sargeant and Hadiya Roderique, Fasken Martineau DuMoulin
Working notice–employees loathe it and employers fear it. Why? If working notice provides employees with a reasonable time to find alternate employment, why don’t they like it? And if working notice allows employers to get some productivity out of employees while they are being paid, why don’t employers use it more often? The answer depends on the circumstances of a termination. In today’s economic climate, where employees are being let go on mass, working notice may be a more palatable alternative for employers and, perhaps, employees (in PDF). [Article No. 30269]
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Taking the 'high road' on reasonable notice can pave the way to success
by Frank Cesario, Hicks Morley Hamilton Stewart Storie LLP
An employer that is terminating an employee faces difficult decisions. One of the most challenging, and important, is what to offer as pay in lieu of reasonable notice. There are minimum requirements under employment standards legislation, but there are also more onerous common law notice requirements. Setting a reasonable notice period, whether by an employer at termination or by a court at trial, involves weighing several factors and is not a science. A recent Ontario court decision demonstrates that courts deciding wrongful dismissal claims may look favourably upon employers who take the “high road” by paying reasonable notice at termination (in PDF). [Article No. 30267]
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Pension funding and unlock rules finalized
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario government has finalized rules that provide pension plans with a solvency funding relief measure designed to protect jobs and families. In addition, starting January 1, 2010, Ontarians will have the option to unlock 50 percent of life income funds (LIFs), up from the current 25 percent. Ontario regulation 239/09 under the Pension Benefits Act was proclaimed to give force and provide rules and guidelines to the above changes. [Article No. 30184]
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Bill 162 contains three schedules relating to pension plans
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Bill 162, An Act respecting the budget measures and other matters received royal assent on June 5, 2009, and is awaiting a date to come into force. As a result, schedule 24 amends the Ontario Pension Benefits Act; schedule 22 amends the Ontario Municipal Employees Retirement System Act; and schedule 29 amends the Teachers' Pension Act, as follows. [Article No. 30185]
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Quick reference guide to ESA compliance – what businesses need to know
by Ontario Ministry of Labour
If you run a business or manage people, you need to know about the Employment Standards Act (ESA). This law sets minimum standards for conditions of employment in most workplaces in Ontario. What businesses need to know is an essential business tool (in PDF). [Article No. 30164]
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| Quebec |
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Enterprises with ten or more employees subject to a 'reinforced' version of Quebec’s Pay Equity Act
by Stikeman Elliott LLP
Amendments to Quebec’s Pay Equity Act came into force on May 28, 2009. The amendments principally affect small enterprises (those with 10 to 49 employees), which will no longer be exempt from the Act. They also tighten compliance requirements under the Act generally, particularly with respect to the time period within which a pay equity plan must be completed and with respect to the ongoing obligations of employers to maintain pay equity in their workplaces (in PDF). [Article No. 30270]
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| Yukon |
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PPE non-compliance tickets
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Effective July 1, 2009, Yukon Workers' Compensation Health and Safety inspectors will be enforcing a “zero tolerance” policy that will see tickets handed to employers and employees for failing to wear basic personal protective equipment (PPE). Workers will be subject to $50 tickets, while supervisors and employers will be slapped with $250 and $500 penalties, respectively. [Article No. 30186]
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August 17, 2009: Discovery Day, A Public Holiday in the Yukon
Employees in the Yukon get a day off with pay. Gold was discovered in northwestern Yukon territory on August 17, 1896. Discovery day is celebrated on the Monday nearest August 17. The discovery of placer gold on Rabbit Lake—later known as Bonanza Lake—touched off the great Klondike Gold Rush. At the height of the great Gold Rush, Dawson City was the largest city west of Winnipeg and north of Seattle, boasting a population of 30,000. Once the gold ran out, the adventurers moved on. Today, the Yukon is one of the most remote and underpopulated regions of the world.
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