Features For The Week of January 23, 2012
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Reported News and Articles by Jurisdiction
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| National |
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Average weekly earnings rose in every province in November 2011
by Statistics Canada
In November, average weekly earnings of non-farm payroll employees were $883.96, virtually unchanged from the previous month. On a year-over-year basis, earnings rose 2.2 percent. (In PDF) [Article No. 36738]
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Social media and the employment relationship
by Stephanie Hickman, Cox and Palmer
The perception that employees have no expectation of privacy is increasingly unrealistic. With society's heightened awareness of privacy laws, it is now accepted that privacy is a right and not a privilege… (In PDF) [Article No. 36739]
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Canada summer jobs 2012
by Service Canada
Canada Summer Jobs is a Government of Canada initiative that provides funding to help employers create summer job opportunities for students. It is designed to focus on local priorities, while helping students and their communities. (In PDF) [Article No. 36747]
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Time to take stock
by Gabriel Granatstein, Quebec Labour Law Blog
As an employment and labour lawyer, I am often only called when there's a problem relating to one or many employees. It is a reactive situation where there is not often time to reflect on why the employer is in the situation it is currently in. However, I often use the New Year as an opportunity to be proactive with clients and discuss the framework of their relationships with their employees. (In PDF) [Article No. 36727]
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Money, money, money
by Geneviève Lay, Quebec Labour Law Blog
The Canadian Centre for Policy Alternatives has published a report titled "Canada's CEO elite: the 0.01%" regarding the annual compensation of Canada's highest paid 100 executives in 2010. (In PDF) [Article No. 36724]
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Q: Can an employer offer mandatory benefits to its employees? For example, is it okay to state that all full-time employees must enrol in the group benefit plan where life, ad&d and LTD are mandatory, and where extended health and dental may only be waived if a spouse has similar coverage?
by Ask the Editor, HRinfodesk
[FAQ No. 36743]
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The debate over moral damages continues
Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple. Read more on our blog First Reference Talks.
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Draft of National Standard for Psychological Health and Safety in the Workplace released
Last year we told you about the plan to release a voluntary national standard for mentally healthy workplaces. The standard aims to help Canadian employers support the psychological health and safety of their employees by providing them with the necessary guidelines and tools to achieve measurable improvements in psychological health and safety in the workplace. Read more on our blog First Reference Talks.
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CPP/EI explained
The Canada Revenue Agency has a series of interpretive articles on the topics of the Canada Pension Plan and Employment Insurance. One of these articles, "Pensionable and Insurable Earnings," has been updated recently; you can find it here.
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February 2, 2012: Imbolc, Wicca, northern hemispheres
Wicca reflection on the power of the gods from which physical and spiritual harvest will come.
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February 3, 2012: Setsubun Sai, Shinto
This primary Shinto celebration is a Japanese tradition to announce the start of a new season. Practitioners herald the coming of spring with shouts of "Devils out, good fortune in." Bean throwing protects against demons. A ceremony is performed to purify before the new season starts and to create harmony with nature. Employers may have to accommodate employees by allowing them to attend the ceremony.
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February 3, 2012: Maha Shivratri (Great Shiva Night), Hindu
A Hindu festival in honour of Lord Shiva and his marriage to Goddess Parvati. Mahasivaratri, "the night of Shiva," is celebrated by Hindus all over the world for one day and one night. Ceremonies involving prayers and hymns take place mostly at night. People observe a strict fast on this day. Some devotees do not even take a drop of water and they keep vigil all night. The Shiva Lingam is worshipped throughout the night by washing it every three hours with milk, curd, honey, rose water, etc., whilst the chanting of the Mantra "Om Namah Shivaya" continues. Offerings of Bael leaves are made to the Lingam as Bael leaves are considered very sacred and it is said that Goddess Lakshmi resides in them. Although this festival does not require work to be stopped during the day, some accommodation may be requested by employees on the night shift, those involved in the preparations, and those who have fasted and stayed up all night. Variable date due to moon sighting, unique traditions or ethnic practices.
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February 4, 2012: Mawlid el-Nabi (Mawlid an Nabi), Islam
Islamic commemoration of the birthday of Prophet Muhammad, founder of Islam, in about 570 CE. Not universally observed. The prophet's teachings are read and religious meetings are held. It is fixed as the 12th day of the month of Rabi I in the Islamic calendar. The observance does not require work to be suspended. Usually begins at sundown the day before this date. Variable date due to moon sighting, unique traditions or ethnic practices.
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February 8, 2012: Tu B'Shvat, Jewish
This holiday is the "New Year for the Trees" or Rosh Hashana La-ilanot. In Israel everything is green and it is the start of spring. This is not a holy day and no accommodation is required. An ancient custom in Israel when a baby was born was for the parents to plant a tree in its honour. A modern tradition for people who live outside Israel is to plant a tree
in Israel by contributing to the Jewish National Fund.
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February 15, 2012: Nirvana Day, Buddhist
A regional observance of the death of Buddha, including Buddha's entering Nirvana. Individual temple celebrations vary in accordance to local schedules. Variable date due to moon sighting, unique traditions, or ethnic practices.
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| Alberta |
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February 20, 2012: AB Family Day, Public Holiday
Family Day in Alberta was initiated to recognize the values of home and family. Employees get a day off with regular pay. If the employee is required to work on the holiday, the employee must be paid regular pay plus a premium rate of pay (premium pay is 1½ times the employee’s regular rate of pay) for the hours worked on the holiday or regular wages and get a substituted day off with pay at a later date.
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| British Columbia |
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Employer was justified in terminating excessively absent employee
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Supreme Court of British Columbia recently confirmed that an employer had exhausted all attempts at reasonably accommodating a disabled employee, and was justified in terminating her. [Article No. 36731]
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Failure to work notice period did not take away right to sue for damages
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The British Columbia Court of Appeal confirmed that a termination letter left in an employee's workspace while the employee was not present amounted to inadequate notice of termination. The fact that the employee left work immediately after viewing the termination letter instead of working the notice period did not mean he could not sue for damages in lieu of notice… [Article No. 36732]
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Departing employee's breach of restrictive clauses
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
We rarely hear about restrictive covenants being successfully upheld in courts, but recently, the Supreme Court of British Columbia awarded an employer an injunction to stop a departing employee from using confidential information and soliciting clients and employees contrary to such a covenant. [Article No. 36733]
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| Federally Regulated |
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Navigating the minefield: Court of Appeal reiterates distaste for restrictive covenants
Hunter Harrison, the former Chief Executive Officer of Canadian National Railway (CNR), faces a dilemma in dealing with his obligations under a non-compete covenant to his former employer. Harrison is being pursued by CNR competitor Canadian Pacific Railway to assume the position of CEO, but taking that position might violate the non-compete agreement. Read more on our blog First Reference Talks.
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| Manitoba |
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February 20, 2012: Louis Riel Day (Family Day), Public Holiday
Louis Riel Day in Manitoba was initiated to recognize the values of home and family. Employees get a day off and are paid their regular wages for the general holiday.
A passionate Métis leader, Louis Riel was the driving force behind Manitoba becoming Canada’s fifth province. Louis Riel’s dream of a province that embraces all cultures is still shared by Manitobans today as we strive to build a society that honours and respects all people.
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| Newfoundland and Labrador |
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Annual report: celebrating 60 years of workers' compensation
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Workplace Health, Safety and Compensation Commission of Newfoundland and Labrador recently released its annual report for 2010. On the whole, the message was positive. Through the decades, the commission has remained true to the historical compromise between workers and employers that created the current system. [Article No. 36734]
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| Nova Scotia |
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Public interest disclosure of wrongdoing regulations
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In Nova Scotia, An Act to Promote Public Interest Disclosure of Wrongdoing and the associated regulations came into force on December 20, 2011. The purpose of the new Act is to make it easier for provincial government employees to come forward with concerns of potential wrongdoing without fear of reprisal. [Article No. 36735]
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Changes to trade union settlement of first contracts in force
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
An act to prevent unnecessary labour disruptions and protect the economy by amending chapter 475 of the revised statutes, 1989, the Trade Union Act was proclaimed in force January 24, 2012. The new law provides for the settlement of first contracts in cases where the employer and trade union are unable to conclude a first agreement after certification. [Article No. 36457]
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Current and upcoming minimum wage
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk---Canadian Payroll and Employment Law News
The current minimum hourly wage for Nova Scotia's "experienced" employees is $10 an hour and was last changed October 1, 2011. The minimum wage is increasing on April 1, 2012, by 1.5 percent to… [Article No. 4349]
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| Ontario |
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There is such a thing as a tort of invasion of privacy
by Christina Catenacci LL.B., and Yosie Saint-Cyr LL.B., Editors, HRinfodesk.com---Canadian Payroll and Employment Law News
After reviewing the state of the law, the Ontario Court of Appeal reversed an established principle that that there is no such thing as a tort of privacy invasion. On January 18, 2012, the Court confirmed the existence of a tort of invasion of privacy called "a right of action for intrusion upon seclusion" … [Article No. 36737]
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Critical injury or fatality of a non-worker: an update on the Blue Mountain case
by Yosie Saint-Cyr LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Court of Appeal has set March 14, 2012, to hear the appeal of Blue Mountain Resorts Ltd. V. Den Bok, regarding the scope of employers' duties under Ontario's Occupational Health and Safety Act to report an accident that involves a guest and to preserve accident sites. [Article No. 35865]
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February 1, 2012: Safety Blitz: musculoskeletal disorders (MSD) (ON)
During the month of February 2012, the Ministry of Labour will conduct safety blitz on workplaces across Ontario, looking for hazards involving manual materials handling that can lead to musculoskeletal disorders. Ministry inspectors will target workplaces in the construction, health care, industrial and mining sectors. Learn more about how to protect workers from the number one type of lost-time work injury in Ontario here.
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February 20, 2012: ON Family Day, Public Holiday
Family Day in Ontario was initiated to recognize the values of home and family. Most employees get a day off with public holiday pay. Generally, employees who don't qualify for public holiday entitlements must work on Family Day if asked by their employer. Most non-qualified employees are entitled to be paid one-and-a-half times their regular rate of pay for each hour worked on Family Day. There is no substitute day off. If a non-qualified employee is not asked to work on Family Day, he or she gets the day off with no pay. Family Day was also made a public holiday under the Ontario Retail Business Holidays Act (RBHA). Most retail outlets must close on a day that is a holiday under that act. The RBHA provides certain municipalities the right to have their own bylaws.
Exempt from the Act are book or magazine stores under 2,400 square feet with a maximum of three employees, pharmacies under 7,500 square feet, flower shops and gas stations. Stores may also be open on these holidays if exempted under specific municipal bylaws for the development or maintenance of tourism. Any questions about tourism designations or local hours of retail operation should be directed to the municipal clerk's office in your municipality.
The City of Toronto Act, passed in January 2007, exempted the City of Toronto from the Retail Business Holidays Act, giving the city the ability to set its own rules regarding retail business holiday shopping. You should be aware that retailers within the municipal boundaries of the City of Toronto are permitted to open on Family Day.
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| Prince Edward Island |
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February 20, 2012: PE Islander Day (Family Day), Public Holiday
Prince Edward Island enacted the Islander Day Act to introduce an additional public (statutory) holiday known as Islander Day on the third Monday in February each year, throughout the province. Employers are required to provide eligible employees who worked for at least 30 calendar days in the 12 calendar months before the public holiday with time off work with regular pay, or average daily wages (when wages vary), exclusive of overtime.
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| Quebec |
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Montreal Canadiens and language
by Gabriel Granatstein, Quebec Labour Law Blog
The General Manager of the Canadiens recently apologized for hiring a unilingual Anglophone coach. Professor David Doorey is not pleased with the controversy, writing… (In PDF) [Article No. 36725]
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New employment figures: Canada up/Quebec down
by Gabriel Granatstein, Quebec Labour Law Blog
Early this month, new employment/unemployment figures were released. As the following Statistics Canada graph shows, overall, the numbers were good in Canada, with overall employment increasing. Notwithstanding the overall uptick across ALL of Canada, in Quebec, the numbers have gone down. (In PDF) [Article No. 36726]
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Employment Insurance laws prevail over conflicting provincial health and safety legislation
by Gabriel Granatstein, Quebec Labour Law Blog
Following an industrial accident, the Commission de la santé et de la sécurité du travail paid a worker an income replacement indemnity. Since the Canada Employment Insurance Commission had paid the worker amounts he was not entitled to receive, the commission used its power, under section 126(4) of the Employment Insurance Act, to recover sums owed to a person directly in the hands of a third party… (In PDF) [Article No. 36728]
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Internships: a gateway to secure employment or indentured servitude?
by Gabriel Granatstein, Quebec Labour Law Blog
At law firms, internships are not only the norm, they are required by the Quebec Bar. Prospective lawyers are recruited out of law school for articling positions they will hold after passing the bar exams. Internships also exist in a lot of other professions and trades. Due to recent economic turmoil, they have become an even more important resource for many employers. (In PDF) [Article No. 36730]
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| Saskatchewan |
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February 20, 2012: SK Family Day, Public Holiday
Family Day in Saskatchewan was initiated to recognize the values of home and family. Employees get a day off with public holiday pay. Most employees get 1/20 of their regular wages in the four weeks before a public holiday as public holiday pay, no matter what their days of work. The calculation includes all wages and holiday pay, but not overtime. If employees work on a holiday, they are entitled to time and one half for all hours worked. This includes salaried employees and managers. The time and one half rate is in addition to the normal day's pay.
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| Yukon |
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Second phase of human rights modernization launched
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Yukon has released a second phase report on its efforts to modernize the territory's human rights system. While the first phase successfully addressed the complaints resolution process, the second phase aimed to make the system faster, fairer and less adversarial. [Article No. 36736]
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