Features For The Week of February 6, 2012
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Reported News and Articles by Jurisdiction
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| National |
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Labour force survey, January 2012
by Statistics Canada
Employment was virtually unchanged in January, and the unemployment rate edged up 0.1 percentage points to 7.6 perctent as more people searched for work. Compared with 12 months earlier, employment rose by 129,000 (+0.7 percent), with most of the growth occurring in the first six months of this period. (In PDF) [Article No. 36794]
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Ceiling amounts for housing benefits paid in prescribed zones
by Canada Revenue Agency
This is an update of the ceiling amounts for rent and utilities for 2012 paid to employees living in prescribed zones without a developed rental market. (In PDF) [Article No. 36791]
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Major projects: developing a labour strategy to control risk
by Gregory Anthony, Cox & Palmer
A significant cost of any major project is the labour component. Labour shortages, lower
productivity, escalating costs and potential disruption by labour unrest can all increase
financial risks. A labour strategy, designed to minimize risks and attract a competent and
productive work force, can ensure that the project is done right the first time, on time, safely
and within budget. (In PDF) [Article No. 36762]
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Drug and alcohol testing at the work site
by Andrew Taillon, Cox & Palmer
It is important to know the law around drug and alcohol testing. The main concern is human
rights law. (In PDF) [Article No. 36763]
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Adoptive mothers not allowed maternity leave
Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity and parental leave, and are entitled to receive a total of 50 weeks of EI benefits for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum. Read more on our blog First Reference Talks.
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Advising departing employees on their right to EI benefits
Employers are often asked by their employees for advice on Employment Insurance. Specifically, if they will be able to qualify for EI benefits. Employers should know what to say in response to such questions. Read more on our blog First Reference Talks.
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National Occupational Classification 2011 now available
The National Occupational Classification (NOC) 2011 is the current departmental standard and was approved on November 21, 2011. The NOC was jointly released for free by Statistics Canada and Human Resources and Skills Development Canada and includes… Read more on our blog First Reference Talks.
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Tax and employment insurance issues when settling dismissal claims
Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim. Read more on our blog First Reference Talks.
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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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February 21, 2012: Shrove Tuesday, Christian
Shrove Tuesday is the last Tuesday before Lent. It is a day of feasting. In France, it is called Mardis Gras or Fat Tuesday. In some countries, people stop eating fat or eggs during Lent. On Fat Tuesday, people use up all the fat and/or eggs in their cupboards. In Germany and Austria, people cook crullers in the fat. Crullers are thick doughnuts. In Finland, people cook a pancake called blini. Or, they make pancakes! This is why Shrove Tuesday is also called Pancake Tuesday.
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February 22, 2012: Ash Wednesday, period of Lent, Christian
Some Christian congregations observe Ash Wednesday. Such persons would not require a full day off work; however, they might require half a day to attend morning or evening services. Ash Wednesday is 46 days before Easter Sunday and is the first day of Lent. Lent is a Christian time of reflection and preparation for Holy Week and Easter. A 40-day time of intense devotion, it is observed by fasting, frequent worship and acts of charity. It offers all Christians an opportunity to prepare for Easter by serious discernment about their lives, with particular attention to the word of God which enlightens the daily journey of all who believe. This year, Lent ends April 1, 2012, on Palm Sunday (or the Saturday before) which marks the beginning of Holy Week.
Long ago on this day, Christians dressed in their old clothes. They rubbed ashes on their foreheads. They wanted to show God that they were sorry for the wrong things they had done in the past year. Some Christians today have ashes put on their foreheads at church on Ash Wednesday.
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February 27, 2012: Great Lent, Orthodox Christian
Some Orthodox Christian congretations observe Great Lent. Such persons would not require a full day off work; however, they might require half a day to attend morning or evening services. Great Lent consists of seven weeks (40 days), which correspond to the period Christ fasted on the mountain. It precedes Palm Sunday and the Holy Week, which precede Easter. Great Lent is a period of self-denial and is observed with strict abstinence from meat, dairy products, wine and olive oil. Orthodox Christians also make a sacrifice during this period such as giving up a favourite food or other pleasure. Great Lent is so named to differentiate it from the Advent fasting period which is known as Little Lent.
Long ago on this day, Christians dressed in their old clothes. They rubbed ashes on their foreheads. They wanted to show God that they were sorry for the wrong things they had done in the past year. Some Christians today have ashes put on their foreheads at church on Ash Wednesday.
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February 29, 2012: Reminder: 2011 T4/RL-1 Information Returns and Summary Forms Filing Deadline
Employers must file 2011 T4 (and in Quebec RL-1) information returns and summary forms and provide employees with T4/RL-1 Slips by February 29. If you fail to do so, the CRA may assess a penalty. The penalty for failing to file an information return by the due date or for distributing slips to recipients late is the greater of $100 or a penalty determined as stated on the CRA website. For more information on completing and filing information returns for the CRA, go here. For the Quebec Ministry of Revenue, go here.
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| Alberta |
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OHS Regulation is due to expire
by Yosie Saint-Cyr LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Alberta Occupational Health and Safety Regulation is due to expire on March 31, 2013. A review of the Regulation is now underway. All interested stakeholders are invited to submit their views and suggestions for the proposed changes until March 20, 2012. [Article No. 36796]
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Summer Temporary Employment Program (STEP)
by Alberta Human Services
This summer, more than 2,500 high school and post-secondary students will have the opportunity to work with Alberta’s not-for-profit organizations. Applications are now being accepted for the Summer Temporary Employment Program. (In PDF) [Article No. 36748]
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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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Demotion inappropriate response to poor performance
by David T. McDonald, Fasken Martineau DuMoulin LLP
Termination for cause is a difficult standard to meet in Canada. So what are your alternatives if you don't have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court said a demotion may not be a proper response. Furthermore, a warning must be "current" to disentitle a plaintiff to damages. (In PDF) [Article No. 36761]
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| Federally Regulated |
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Video surveillance in the workplace: limits on employer rights
by Lukasz Granosik, Norton Rose LLP
A grievance arbitration tribunal recently ruled on whether it was legal for a federally regulated Canadian employer to install 27 video cameras in and around its workplace. While the tribunal affirmed that the majority of the cameras were legal, it ordered some of the ones installed inside the employer's facilities to be removed. (In PDF) [Article No. 36766]
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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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| New Brunswick |
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Q: I work in the fishing industry as a maintenance worker. I was instructed to clean up a pile of rotting fish bait on a dockside that was so foul, my co-workers and I were physically sick to our stomachs. Is there a level of scent concentration for which a worker can request a mask or respirator, or refuse the job?
by WorkSafeNB
[FAQ No. 36793]
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| Ontario |
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Wrongful dismissal claim prevents human rights application
by Christina Catenacci LL.B., Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Examining an employee's claim of discrimination and an earlier civil wrongful dismissal claim, the Ontario Human Rights Tribunal concluded that the claims were virtually identical and the discrimination application could not proceed. The claims were based on the same facts, made the same allegations and sought similar remedies… [Article No. 36795]
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Hours of work and overtime tool
by Yosie Saint-Cyr LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Ministry of Labour has developed an interactive online tool to help employers comply with hours of work and overtime rules under the province's employment standards. Topics covered include… [Article No. 36774]
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'Prevention Starts Here' poster
by Yosie Saint-Cyr LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Ministry of Labour has prepared a draft poster designed to explain key features of the Occupational Health and Safety Act to workers in easy to understand language. The “Prevention Starts Here” poster is now available for viewing and feedback. [Article No. 36775]
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How the new privacy tort will affect employers
by Daniel J. Michaluk and Paul E. Broad, Morley Hamilton Stewart Storie LLP
On January 18, 2012, the Court of Appeal for Ontario recognized a new "intrusion upon seclusion" civil cause of action. We describe the new cause of action (or tort) and identify its significance to employers. (In PDF) [Article No. 36765]
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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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WCB 2012 operational plan
by Yosie Saint-Cyr LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Workers Compensation Board of Prince Edward Island recently released its Operational Plan for 2012. This document describes the actions the WCB will take to achieve the goals of its 2007–2012 Strategic Plan… [Article No. 36776]
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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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Collective agreements and notice under the Civil Code
by Gabriel Granatstein, Quebec Labour Law Blog
The Court of Appeal recently had to address the question of whether it is possible to incorporate sections 2091 and 2092 of the Civil Code (regarding reasonable notice) into a collective agreement. (In PDF) [Article No. 36764]
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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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