|
|
 |
Features For The Week of February 8, 2010
|
Text Size: M L XL XXL
|
|
Reported News and Articles by Jurisdiction
| | | | | | | |
|
| National |
|
How to calculate employee turnover
by PayScale
In this post, employers will learn why hanging onto your employees is important to the financial well-being of their organization, as long as those employees are a good fit (in PDF). [Article No. 32384]
View Article
|
|
Pension plan communications: redux
by Evan Howard, Osler, Hoskin & Harcourt LLP
Paul Litner's post Plan Communications: The New Battleground for Pension Disputes highlighted recent cases, which reinforced the need for employers to make accurate and timely pension plan member communications a top priority in plan governance and risk management. The recent Re Greyhound Canada Transportation Corp. and Amalgamated Transit Union arbitration, where the employer was found liable for failing to provide commuted value calculations to a member, is yet another case which highlights this need (in PDF). [Article No. 32385]
View Article
|
|
2010 hiring trends
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Several governments and economic policy experts are indicating that Canada is coming out of the recession and that the economy is performing much better. Due to measures taken during the economic downturn, such as hiring freezes, the latest HRinfodesk Poll wanted to know, What are your organization's recruiting plans for 2010? According to our poll results, organizations are more intent on retaining their current staff than hiring new staff. [Article No. 32340]
View Article for free
|
|
No free lunch – a Grant Thornton whitepaper
by Pushor Mitchell LLP
Airline tickets, tuition costs, meals and entertainment, hotel rooms, individually, these expenses don’t add up to much. Collectively, however, fraudulent reimbursement of common expenses accounts for 20 percent of cash misappropriation workplace fraud cases in Canada. No free lunch, a new whitepaper from Grant Thornton can help you understand and avoid some of these adverse consequences (in PDF). [Article No. 32301]
View Article
|
|
EI changes blur line between employees and contractors
by Robert Smithson, Lawyer, Originally Published on Legal Ease
One of the factors marking the line between employees and independent contractors has been eligibility for employment insurance coverage. As a result of changes to federal legislation, the line just became somewhat more blurry (in PDF). [Article No. 32308]
View Article
|
|
Supreme Court upholds provincial powers over labour relations
by McLennan Ross LLP
In a recent decision, the Supreme Court of Canada reinforced the principle that labour relations are presumptively a matter of provincial legislative authority, not federal authority (in PDF). [Article No. 32283]
View Article
|
|
Employees' family obligations: to what extent must they be accommodated?
by Dominique Launay, Fasken Martineau DuMoulin LLP
Your employee is a single parent, and has no family to assist him with the care of his children. Is he covered by the family status protections in some provinces’ human rights legislation? Do you have to accommodate him? Increasingly, tribunals are being required to examine this issue: what is an employer’s accommodation obligation where an employee’s needs relating to his family status conflict with employment requirements? (in PDF) [Article No. 32275]
View Article for free
|
|
Workspace in home expenses
by Knotia, a service of Ernst & Young Electronic Publishing Services Inc., and the CICA
The principle issue dealt with in this CRA document is whether various expenses incurred by an employee and related to a workspace in the home are deductible employment expenses. More specifically, the expenses incurred are a second telephone line, an unlimited long distance plan, monthly internet access fees and gas, hydro and water charges (in PDF). [Article No. 32276]
View Article
|
|
February 14, 2010: Chinese New Year, Confucian/Daoist/Buddhist
Employers may have to accommodate employees belonging to Chinese and other Asian communities that celebrate the Lunar New Year. According to their ancient calendar, 2010 will be the year of the Tiger. The Chinese calendar is based on exact astronomical observations of the longitude of the sun and the phases of the moon. The Chinese believe that the animal representing the year in which they are born has a profound influence on their lives. People born under the influence of the Tiger are romantic, lovable, magnetic and independent. The tiger is an optimist. they are brave, kind, daring and full of feeling. They might be a race car driver, animal trainer, reporter, or soap opera star.
Some Asian communities that celebrate the Lunar New Year: China, Korea, Japan, Vietnam, Thailand, Burma, Laos and also Chinese-speaking communities from Philippines, Indonesia, India, Singapore, Malaysia and others.
|
|
February 14, 2010: Valentine's Day
A tradition dating back to the third century, the holiday is now celebrated by showing love, affection and appreciation for others with gifts (usually candy or flowers) or cards. According to Roman legend, during the third century a Christian man known as Valentinus was imprisoned for his Christian beliefs and sentenced to death. While jailed, it is said that Valentinus restored the sight of his jailer's blind daughter. The night before he died, Valentinus wrote a farewell note to the girl, which he signed, "From Your Valentine." His sentence was carried out the next day, February 14, 269 A.D.
|
|
February 15, 2010: National Flag Day
On February 15, 1995, Prime Minister Jean Chrétien proclaimed that every February 15th would be known as Flag Day in Canada to commemorate the first time the maple leaf flag was raised over Parliament Hill. At the stroke of noon on February 15, 1965, Canada's red and white maple leaf flag was raised for the very first time.
|
|
February 16, 2010: 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.
|
|
February 17, 2010: Ash Wednesday, period of Lent, Christian
Depending on the congregation, some members of the Christian faith observe Ash Wednesday. They would not require a full day off work, however, they would require half a day perhaps to attend AM or PM 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 forty 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 March 28, 2010, on Palm Sunday.
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.
|
|
February 28, 2010: Purim, "Feast of Lots" (and Fast of Esther, the day before), Jewish
Purim celebrates the deliverance of the Jews from Persian genocide about 2350 years ago. It is the happiest holiday in the Jewish year. The day is marked with the joyous reading of the biblical Book of Esther in the synagogue (previous evening and morning), children dressing up in costumes, a festive afternoon meal, giving charity to the poor, and delivering prepared food to friends. Purim is not a holiday where Jews are not permitted to work; however, Orthodox Jews will need accommodation to have time to meet all of these religious duties. The day before Purim is the Fast of Esther; Orthodox Jews do not eat or drink from sunrise until sundown, and may need accommodation to take into account a reduced ability to undertake strenuous activity.
|
|
February 28, 2010: 2009 T4/RL-1 information Returns and Summary Forms Filing Deadline
Employers must file 2009 T4 (and in Quebec RL-1) information Returns, Summary Forms and provide employees with T4/RL-1 Slips by the last day of February 2010 (February 28). If February 28 falls on a Saturday or Sunday, information return is due to the CRA the next business day (March 1, 2010). If you fail to do so, they may assess a penalty.
If employers fail to file, effective January 1, 2010, 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 at www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/hwpyrllwrks/pnlty/pnlts/rprtng-eng.html. For more information on completing and filing information returns for the CRA, go to www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/rtrns/menu-eng.html. For the Quebec Ministry of Revenue, go to www.revenu.gouv.qc.ca/en/entreprise/.
|
|
March 14, 2010: Daylight Saving Time Begins
Daylight saving time returns at 2 a.m. Sunday, March 14, 2010, when clocks across most of the jurisdictions in Canada will be set one hour ahead at 3 a.m. Daylight saving time takes place on the second Sunday in March and continues until the first Sunday in November.
Update your computer and electronic calendar to avoid missing any important meetings or appointments. For more information, go to the National Research Council of Canada website.
|
|
|
| Alberta |
|
2010 speech from the throne
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On February 4, 2010, the Alberta government commenced the Third Session of the 27th Legislature with the speech from the throne. The speech indicates that the government will focus on the economy and take steps to boost competitiveness and improve health care. [Article No. 32341]
View Article
|
|
Amendments to Alberta’s Personal Information Protection Act to take effect
by Stikeman Elliott
Bill 54: Personal Information Protection Amendment Act, 2009 received royal assent on November 26, 2009 and will come into force by proclamation. The proposed changes to the Personal Information Protection Act (PIPA) are intended to strengthen the existing protections of personal information and better align the protections with emerging business practices (in PDF). [Article No. 32322]
View Article
|
|
February 15, 2010: 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.
|
|
February 28, 2010: AB Reporting Insurable Earnings
As an employer, you are required to report your workers’ insurable earnings to WCB-Alberta by the end of February each year. You must report the earnings of all workers, regardless of their occupations in your business. This includes administrative and dual function workers. Insurable earnings are the portion of your workers’ gross earnings upon which your premiums are based. Starting January 1, 2010, employers can file their annual returns with WCB-Alberta. More information can be found by clicking here (in PDF).
|
|
| British Columbia |
|
Damages for wrongful termination substituted with termination notice
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
This January, the British Columbia Court of Appeal confirmed that an apprentice was wrongfully terminated by his employer; it was clear that the apprentice was terminated because of unfounded suspicions of criminal activity. As a result of the termination, the apprentice lost years of training and experience, and was unable to find another sponsor or become a journeyman. The Court confirmed damage awards and special costs, but did not award punitive damages because the facts of the case did not support that the employer engaged in egregious conduct. [Article No. 32280]
View Article
|
|
Woman awarded $47,000 after employer's sexual attack
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In January 2010, the British Columbia Human Rights Tribunal concluded that a female employee was unquestionably sexually assaulted by the owner of the company she worked for. As a result, both the company and its owner were jointly and severally liable for damages in the amount of $47,000 for injury to dignity, feelings and self-respect, as well as lost wages. [Article No. 32281]
View Article
|
|
Employer pays for unfounded accusation of theft
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Recently, the British Columbia Supreme Court decided that an employer had to pay damages to an employee whom it terminated without cause. The damages included unpaid overtime from 2002 to the date of termination, reasonable notice based on a 15-month notice period, and aggravated damages for falsely accusing the employee of theft. [Article No. 32282]
View Article
|
|
Score one point for common sense in the human rights setting
by Robert Smithson, Lawyer, Originally Published on Legal Ease
The BC Court of Appeal recently upheld the premise that perceiving a person to not have a disability does not constitute discrimination. It’s amazing, to me, that this issue ever actually reached our Court of Appeal (in PDF) [Article No. 32321]
View Article
|
|
February 28, 2010: BC WCB Annual Assessment Remittance
British Columbia employers who pay their assessments quarterly must complete and return an Employer Payroll and Contract Labour Report to WorkSafeBC by February 28, along with the assessment owing. If your premiums are $1500 a year or less, you'll need to submit the Employer Payroll and Contract Labour Report once a year along with your payment. If your premiums are more than $1500 a year, you'll be required to submit four payments with your Employer's Remittance Forms, as well as a year-end payment with your Employer Payroll and Contract Labour Report if required. Employers can choose one of several payment options, report their payroll online, view their latest transactions and manage their account online.
|
|
| Federally Regulated |
|
Union did not breach its duty of fair representation
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In September 2009, the Canadian Industrial Relations Board decided that an employee did not show that his union acted in a manner that was arbitrary, discriminatory or in bad faith. Thus, the union did not breach its duty to fair representation under section 37 of the Canada Labour Code. On the contrary, the evidence showed that the union was taking the matter seriously. [Article No. 32285]
View Article
|
|
| Manitoba |
|
No discrimination – employee was terminated because of poor performance
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Last December, the Manitoba Human Rights Commission decided that an employer did not discriminate against an employee based on his criminal record when it terminated him. The evidence clearly showed that the termination had nothing to do with his criminal record, and the employer would have terminated the employee due to performance issues regardless of whether he had a criminal record. [Article No. 32286]
View Article
|
|
February 15, 2010: MB 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.
|
|
February 28, 2010: MB Annual Reporting Workers Earnings
As an employer, one of your primary legal obligations under the Manitoba Workers Compensation Act is to submit accurate payroll information in a timely manner. Completed form must be returned to the WCB by February 28, 2010 to avoid penalties. When reporting earnings to the WCB, you need to include earnings for all workers in your organization regardless of the number of hours they work, the structure of their pay, or the type of work they do. For more information click here (in PDF).
|
|
March 31, 2010: MB Payroll Tax Annual Report
Employers must report their annual remuneration reported on the T4 Summary(s) each year (including bonuses and taxable benefits) and remuneration subject to payroll tax included on the T4A Summary(s) and contributions made to an employees’ profit sharing plan. Include only the remuneration paid to employees with respect to your permanent establishment(s) in Manitoba, and any remuneration paid to employees who do not report to any permanent establishment, but are paid from or through a permanent establishment in Manitoba. This report is due on March 31 each year.
|
|
| New Brunswick |
|
February 28, 2010: NB Employers’ Payroll Report
The New Brunswick WHSCC sends all registered employers who are assessed yearly an Employers’ Payroll Report (Form 100), which must be completed and returned by February 28 each year. The employer must report the number of employees usually employed; the total assessable earnings for the previous year; and an estimate of assessable earnings for the current year.
|
|
| Newfoundland and Labrador |
|
Difficulties in union representation: Newfoundland Court of Appeal weighs in
by Nelligan O’Brien Payne LLP
In its August 2009 decision in CUPE, Local 569 v. Human Rights Commission the Newfoundland Court of Appeal rendered a decision that may impact the way in which counsel represent trade unions in grievance arbitration proceedings (in PDF). [Article No. 32302]
View Article
|
|
February 28, 2010: NL Employers’ Payroll Report
The Newfoundland and Labrador WHSCC sends all registered employers who are assessed yearly an Employer’s Payroll Statement, which must be completed and returned by February 28 each year. The employer must report the actual assessable earnings for the previous year and an estimate of assessable payroll for the coming year. Employers who hire contractors or subcontractors must also complete Form A6, Employer’s Contractor Listing.
|
|
| Northwest Territories |
|
Budget 2010
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On January 28, 2010, the government of the Northwest Territories tabled the third Budget of the 16th Legislative Assembly. The 2010–11 Budget proposes operating expenditures of $1.293 billion, a 7.6 percent increase over the 2009–10 Budget. According to the government, this Budget continues to make the investments needed to further the goals of the 16th Legislative Assembly. The government intends to invest $350,000 to provide opportunities for youth in small communities to gain work experience through a summer employment incentive program for employers in these communities. [Article No. 32348]
View Article
|
|
|
NT Minimum wage to increase
The government of the Northwest Territories will increase the minimum wage to $10 an hour over the next two years. This is the first planned increase since 2003. The first increase will happen on April 1, 2010, from the current $8.25 to $9 an hour. The second increase to $10 an hour will happen on April 1, 2011.
|
|
February 28, 2010: NT Employer’s Payroll Statement Reporting
In the Northwest Territories the Employer’s Payroll Statement must be completed and returned by February 28 of each year. On the form, employers must report the total actual earnings of all employees for the previous year; the assessable payroll for the previous year; whether contracts were awarded to contractors or subcontractors; the estimated payroll for the coming year; a description of the nature of the work; and the regular number of employees.
|
|
| Nova Scotia |
|
Changes to the Trade Union Act in force
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On January 19, 2010, Nova Scotia Bill 7, An Act to Amend Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, came into force. The amendments aim to provide employers and employees with a way to resolve disputes that is faster and more efficient. Specifically, the new provisions in the Act provide immunity from testimony for individuals involved in dispute resolution roles under the Trade Union Act, and adds a deemed mediation clause to all collective agreements, although it will not be compulsory that parties to a collective agreement refer their grievances to mediation. [Article No. 32287]
View Article
|
|
| Ontario |
|
Subjective expectation of privacy not objectively reasonable in the workplace
by Mireille Khoraych, Hicks Morley Hamilton Stewart Storie LLP
In the recent case of R v. Cole, Justice Kane of the Ontario Superior Court of Justice found that, in certain circumstances, employees do not have a reasonable expectation of privacy in the workplace (in PDF). [Article No. 32279]
View Article
|
|
|
ON Bill 168: Integrating violence and harassment prevention in one policy
Further clarifications provided by John Vander Doelen, Director of the Health and Safety Policy and Programs Development Branch, at the Ministry of Labour, on the application of Ontario Bill 168:
Can one policy address both violence and harassment? According to the director, these topics should not be addressed in one policy. There should be separate policies addressing violence and harassment.
Indeed, the law refers to them as “policies” not one policy. More specifically, clause 32.0.1 (1) in the law is drafted as Policies, violence and harassment and states an employer shall, (a) prepare a policy with respect to workplace violence; (b) prepare a policy with respect to workplace harassment; and (c) review the policies as often as is necessary, but at least annually.
|
|
|
ON Bill 168: Clarification on domestic violence and other measures
Further clarifications provided by John Vander Doelen, Director of the Health and Safety Policy and Programs Development Branch, at the Ministry of Labour, on the application of Ontario Bill 168:
1. Domestic violence: The Ministry of Labour does not require employers to perform a proactive risk assessment regarding domestic violence. The risk assessment is reactive in this case, meaning, if a worker or co-worker reports the possibility of domestic violence, or there are visible signs, then a risk assessment should be triggered to ensure that controls are in place to prevent the violence from entering the workplace.
2. Criminal record checks or background checks: The Ministry of Labour admits that this may be a grey area, but the ministry does not require proactive criminal record checks or enhanced background checks to identify an employee’s or applicant’s history of violence (as Vander Doelen said, digging into someone’s past).
3. Disclosure requirement: There is no obligation to disclose a history of harassing behaviours, only the risk of violent behaviours based on previous incidents of violence. One guiding principle for disclosure is to decide if the evidence or facts brings you to the reasonable conclusion that you will or will not find violence in the workplace. Employers have to use a balanced approach in this obligation to ensure they are not making the disclosure so widespread in the workplace that it invades anyone’s privacy or becomes a discriminative action.
What employers need to know is the potential for violence, or when violence might occur, so that they can take precautionary measures. But employers are not allowed to ask for diagnoses, medical information or treatment. That is beyond the scope of the law.
|
|
|
How is the Ontario Ministry of Labour preparing for the arrival of Bill 168?
The Ontario Ministry of Labour is getting ready. They are currently in the process of:
- Integrating the provisions of Bill 168 into the Occupational Health and Safety Act, refer to grayed out provisions
- Training inspectors
- Developing resources and tools such as brochures, fact sheets and compliance guidelines with checklists
In addition, the director emphasized that ministry inspectors are there to enforce compliance with the law. If an incident happens, you are obliged to call the ministry to report the incident, but they will not investigate harassment complaints or take action against a perpetrator of violence. The police will still have to be called or the other processes in place for resolution applied. The ministry is there to ensure that employers are complying with the law and following the rules to prevent the risk of violence and harassment in their workplace.
|
|
|
Clarification on Ontario Bill 168: Exemption for employers with less than five employees
There has been much confusion about the possibility that employers with less than five employees will be exempt from the provisions found in Bill 168. John Vander Doelen, Director of the Health and Safety Policy and Programs Development Branch, at the Ministry of Labour has clarified that all Ontario workplaces to which the Occupational Health and Safety Act currently applies must take every precaution reasonable in the circumstances to protect the health and safety of their workers in the workplace. This includes protecting employees against the risk of workplace violence and harassment.
This means that no matter the size of the organization, employers must assess the risk of violence and harassment; take reasonable measures to prevent violent and harassing incidents and protect employees; have measures to report, respond and investigate incidents of violence and harassment; and provide training and education to employees.
The only measure that does not apply to workplaces with five or fewer regular employees is the obligation to have the violence and harassment policies in writing and posted in a conspicuous place in the workplace. However, note that an inspector can order a workplace with less than five employees to have these policies if there is evidence of the risk of workplace violence and harassment, or after an incident occurs.
|
|
February safety inspection blitz – hazards involving forklifts and lifting devices
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario government's Ministry of Labour February 2010 safety inspection blitz will focus on in workplaces where hazards involving forklifts and lifting devices exist and are foreseeable. [Article No. 32284]
View Article
|
|
Signed release upheld by court
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
This January, the Ontario Human Rights Tribunal decided that an employee's human rights claim could not proceed because the employee signed a full and final release after her employment was terminated following the acceptance of a severance package. In order to uphold the integrity of negotiated settlements and promote the timely and informal resolution of disputes, the tribunal decided that the release precluded the employee from making the human rights claim. [Article No. 32288]
View Article
|
|
Dependent contractor category
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Last December, the Ontario Court of Appeal upheld a lower court's decision confirming that a person working with the company as a dependent contractor was without a doubt an employee. The Court clarified the difference between an employee, an independent contractor and a dependent contractor. After explaining how to conduct the analysis to determine the employment status, the Court held that the facts of the case supported the trial judge's conclusion that the worker was a dependent contractor, thus an employee, and entitled to termination notice. [Article No. 32289]
View Article
|
|
Review of workplace safety system
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On January 27, 2010, the Ontario government announced that it will appoint Tony Dean as chair of an Expert Advisory Panel to conduct a comprehensive review of the province's occupational health and safety prevention and enforcement system. The aim of the review is to uncover ways to better protect workers in Ontario after a string of deaths on industrial sites across the province. The Expert Advisory Panel will report back to the Minister of Labour in the fall of 2010. [Article No. 32290]
View Article
|
|
Information on completing your EHT return (Dec. 2009)
by Ministry of Revenue
Annual Returns must be received by the Ministry of Revenue, and the required payment made, by the March 15th due date. If March 15 falls on a weekend or a public holiday, the next following working day is the due date (in PDF). [Article No. 32310]
View Article
|
|
Changes to court procedures may make it easier and less expensive for employees to sue their employers
by Robb A. Macpherson, Brian Wasyliw, McCarthy Tétrault LLP
Significant changes have been made to the Ontario Rules of Civil Procedure, the process and framework by which legal actions, including wrongful dismissal actions, proceed. These changes should be of interest to employers because they have the potential to lead to an increased number of claims by employees. On the positive side, the changes should decrease some of the time and effort spent by both sides in litigating these disputes (in PDF). [Article No. 32294]
View Article
|
|
Consultation begins on draft operational policies for mandatory coverage for the construction industry
by Workplace Safety and Insurance Board, WSIB
Beginning January 18, 2010, the WSIB is inviting comments from the public on four draft operational policies related to implementing mandatory coverage for the construction industry until March 31, 2010 (in PDF). [Article No. 32296]
View Article for free
|
|
Consultation on eClearance: certificate (2010) policy
by Workplace Safety and Insurance Board, WSIB
Beginning January 18, 2010, the WSIB is inviting comments from the public on a revised draft operational policy affecting all employers in any industry who use Certificates of Clearance (in PDF). [Article No. 32297]
View Article for free
|
|
Blitz results: hazards with potential to cause musculoskeletal disorders (all sectors)
by Ministry of Labour, Occupational Health and Safety Division
The Musculoskeletal Disorders (MSD) inspection blitz in April 2009 contained a focus specific to each of the Ministry of Labour workplace health and safety programs (industrial, health care, construction and mining) (in PDF). [Article No. 32298]
View Article for free
|
|
One business, one number
by Ministry of Labour
The Ontario government and the Government of Canada have been working together to implement a single Business Number (BN) system for Ontario businesses. The Ministry of Labour’s adoption of the Business Number will allow MOL programs to replace different methods that assigned business identifiers with one that uses the federal business number. A universal identifier for a company will make it simpler and more convenient for businesses to connect with the Ministry of Labour and other partners (in PDF). [Article No. 32242]
View Article for free
|
|
Blitz results: electrical hazards in mining operations
by Ministry of Labour
Ontario Ministry of Labour inspectors checked for hazards involving energized (live) electrical equipment at mines during an inspection blitz in September 2009. The relatively high number of orders issued during the blitz (107), and stop-work orders (10), indicate that workplace improvements are needed to mitigate hazards (in PDF). [Article No. 32243]
View Article for free
|
|
February 15, 2010: 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 by-laws.
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 by-laws 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.
|
|
March 31, 2010: ON Reconciliation Form Filing Deadline
Ontario employers must file the Reconciliation Form with the WSIB by March 31 each year. The WSIB sends a Reconciliation Form to all employers who pay their premiums monthly. The WSIB uses the form to compare the employer’s actual earnings for the previous year with the amounts the employer reported monthly throughout the year.
|
|
| Prince Edward Island |
|
February 15, 2010: PE Islander Day (Family Day), Public Holiday
Prince Edward Island enacted 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.
|
|
February 28, 2010: PE Employer Registration Form Reporting
Each year the Prince Edward Island WCB sends employers an Employer Registration Form, which must be completed and returned by February 28. On the form, employers must report total gross earnings for all employees in the previous year; total assessable earnings for the previous year; number of workers employed; estimate of payroll for the current calendar year; and location of accounting and payroll records.
|
|
| Quebec |
|
New method of payment of CSST employer premiums
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Effective January 1, 2011, employers in Quebec will pay their CSST insurance premiums to Revenu Québec at the same time they remit their source deductions and employer contributions. In addition, to meet the needs of employers, the insurance premium payments will be calculated based on wages paid throughout the year. [Article No. 32291]
View Article
|
|
Pay equity changes effects all employers
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Quebec government modified its pay equity measures last May, and these changes have repercussions for all employers. The law was amended to address several issues, including that of noncomplying companies. According to the government, more than half of companies had not implemented required pay equity plan and measures, and several had not maintained their pay equity plan as required by law. [Article No. 32292]
View Article
|
|
Preventive withdrawals because of H1N1 end
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Now that the second phase of H1N1 is dying down, the CSST is asking pregnant employees who used preventive withdrawal measures under the workers compensation system to return to work. Some transition measures have been put in place. [Article No. 31408]
View Article
|
|
March 15, 2010: QC CSST Statement of Wages Due
Employers in Quebec are required to complete and return your 2009–10 statements of wages before March 15, 2010. If you file your statement late, you will be required to pay charges equal to five percent of your premium or assessment for 2010 and, for every day past the deadline, you will be charged interest on the premium or assessment owing and interest on the five percent charge. For more information, click here (in PDF). Payments for premiums or assessments are not payable before April 20, 2010.
|
|
| Saskatchewan |
|
Labour mobility bill introduced
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On December 1, 2009, the Saskatchewan government introduced its labour mobility bill into the legislature. Bill 128, the Miscellaneous Statutes (Labour Mobility) Amendment Act, 2009, aims to ensure workers certified in any Canadian province or territory are eligible for the same certification in Saskatchewan without additional training or testing, making it easier for workers from other regions to commence employment in Saskatchewan without long delays. The Labour Mobility Agreement will not only allow workers to move where work opportunities exist, but it will also help employers with a simpler process for hiring qualified workers from other parts of Canada to help address critical skills shortages. [Article No. 32349]
View Article
|
|
Wage survey 2009
by Ministry of Advanced Education, Employment and Labour (AEEL)
The Ministry of Advanced Education, Employment and Labour contracted Insightrix Research Inc. to undertake a provincial wage survey of employers in Saskatchewan in 2009. The Saskatchewan Wage Survey, 2009 provides current wage information on 244 occupations collected from 1,100 employers, representing nearly 90,000 employees in the province (in PDF). [Article No. 32241]
View Article for free
|
|
February 15, 2010: 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.
|
|
February 28, 2010: SK WCB Annual Assessments Report
The Saskatchewan WCB sends out provisional assessments to employers at the beginning of each year based on their estimated payroll costs. These assessments are usually payable in two installments: April 1 and September 1. Adjustments are made at the end of the year, based on actual payroll costs. Completed WCB Annual Assessments Report must be returned to the WCB by February 28, 2010 to avoid penalties.
|
|
| Yukon |
|
February 26, 2010: YU Heritage Day
Many people in the Yukon celebrate the territory’s Heritage Day on the last Friday of February every year. People in the territory can join in an annual winter celebration known as the Yukon Sourdough Rendez-vous, which is usually held in Whitehorse, the Yukon’s capital. There are many other activities associated with the winter festival. Heritage Day in the Yukon is a day off for Yukon government employees; schools are also closed. Businesses have the option to give their employees the day or a portion of the day off from work, but it is not a public holiday.
|
|
February 28, 2010: YU Employer’s Payroll Return/Contract Labour Report
Early each year, the Yukon WCHSB sends employers an Employer’s Payroll Return/Contract Labour Report to be completed and returned by the last day of February. On the form, employers must report the total amount of assessable earnings paid to workers during the previous year; the estimated assessable earnings that will be paid to workers in the current year; whether contract workers have been hired; nature of the industry; and if a limited company, the name of directors and the amounts paid to them.
|
|
© 1999-2010 First Reference Inc. All Rights Reserved. ISSN 1713-6105
Legal and Copyright notices
Privacy Policy
|
