2011
Best practices guide on ciminal background checks published for US employers
The National Employment Law Project is a US advocacy organization for employment rights of lower-wage workers, It has offices across the United States and a staff of lawyers, policy experts and researchers.
Of note to US employers, the Project recently published a "Criminal Background Checks: A Best Practices Guide" (March 17, 2011), which speaks to best practices in the US context.
Part-time babysitter was self-employed contractor, not employee, EI and CPP assessments overturned
In Iarutina v. M.N.R., 2011 TCC 114, the Tax Court of Canada ruled that a part-time babysitter was a self-employed contractor, not an employee, and thus the Employment Insurance (EI) and Canada Pension Plan ("CPP") assessments made against the alleged employer should be "vacated" or overturned.
Notably, the court took the intentions of the parties into consideration in making this determination, stating: read more »
BC's minimum wage to increase in three stages to $10.25 by May 1, 2012, training wage will be eliminated
New premier Christy Clark didn't waste time on the minimum wage issue.
In a news release today, she announced that British Columbia's minimum wage will
increase in three stages to $10.25 by May 1, 2012 and that the training wage will be
eliminated.
According to the news release: read more »
"Washington State Legislature Targets Bullying in the Workplace"
Jackson Lewis, a US labour and employment firm with offices across the country, posted an article last month on its website entitled, "Washington State Legislature Targets Bullying in the Workplace" (February 15, 2011).
The article states that: read more »
Pilot at top of Air Canada seniority list files complaint with CIRB over mandatory retirement issue
The Globe and Mail has a story today ("A pilot's quest to remain at the top") on the latest chapter of the long-running dispute between Air Canada, the Air Canada Pilots Association ("ACPA") and individual pilots over the airline's mandatory rule.
There are 3,039 pilots on the seniority list. Michael Ennis, who joined Air Canada in 1972, rose to the top of the list in February 2010. He turns 60, however, in April of this year and is being forced to retire by the airline.
The ACPA has apparently declined to represent him in this matter, thus prompting him (and two other pilots) to file complaints against the ACPA with the Canada Industrial Relations Board (CIRB) yesterday.
I am presuming that they are duty of fair representation complaints. As stated on the CIRB's website: read more »
Focus on progressive discipline
I have been meaning for several weeks now to draw attention to the February 2011 edition of the Labour and Employment Law Perspective, the Canadian Bar Association National Labour and Employment Law Section Newsletter.
The focus of the excellant February issue was progressive discipline and it contained the following articles (with the summaries taken directly from the newsletter):
Compensation in lieu of reinstatement: A deviation from DeHavilland
By Andrew Zabrovsky
In an interesting supplementary decision following an award granting compensation in lieu of reinstatement, an Ontario arbitrator strongly repudiated several of the well accepted and long propagated concepts which have been applied to this remedy. read more »
Highest penalty imposed by WorkSafeBC on employer in 2010 was $145,000, according to enforcement report
WorkSafeBC released its "enforcement report" for 2010 today. Key stats from the report are: read more »
HEABC ratifies 2 year agreement with Health Science Professionals Bargaining Association
The Health Employers Association of BC ("HEABC") has ratified a two year collective agreement with the Health Science Professionals Bargaining Association (HSPBA).
The ratification was announced in a March 2, 2011 news release by BC Ministry of Finance. The news release stated that: read more »
Bombardier ordered to cease applying US national security standards when processing training requests for pilots
In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.
Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).
In her article, Ms. Gudas states that this decision:
read more »
Newfoundland & Labrador issue guidelines on new “criminal ground" protection in Human Rights Act
In July 2010, Newfoundland and Labrador's Human Rights Act was amended to include an additional prohibited ground of discrimination known as the "criminal ground."
The Newfoundland and Labrador Human Rights Commission has issued guidelines in relation to this new ground that can be found here: "Guidelines Regarding Employment of Persons with Criminal Convictions" (current as of February 23, 2011). As set out in the Guidelines:
This new ground protects persons with a criminal record from being discriminated against by potential or current employers on the basis of that record. The Act prohibits employers from imposing conditions of employment, refusing to employ, or otherwise discriminating against an employee because of a criminal conviction that is unrelated to his or her employment.2 The following information provides further detail on the intent behind this addition to the Act.
Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law
The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.
Court assesses appropriate scope of BC Labour Relations Board's participation in judicial review of its own decision
In Canadian Office and Professional Employees Union, Local 378 v. Lantic Inc., 2011 BCSC 242, the BC Supreme Court assessed the appropriate scope the BC Labour Relations Board's (BCLRB) participation in a judicial review of its own decision.
The decision of the BCLRB under review concerns management exclusions from the bargaining unit. It can be accessed in a June 2010 post of mine found here.
"Tax Considerations for Employment Related Settlements"
"Tax Considerations for Employment Related Settlements" (November 4, 2010) is the title of a paper prepared by Natasha Miklaucic for the Borden Ladner Gervais 13th Annual Labour & Employment Group Symposium.
Christy Clark's impact on the British Columbia Employment Standards Act?
Christy Clark was chosen as the leader of the BC Liberal Party last night and thus the new premier designate of British Columbia.
Her campaign included two promises that involve the BC Employment Standards Act:
- Minimum wage: She supports raising the minimum wage - currently $8 in most cases - after the government's consultation is complete. She will also eliminate the training wage.
- Family Day statutory holiday in February: She believes families deserve a break during the winter months. She'll spend the next few months consulting with business on how to give families a holiday in February.
Source: "10 questions for premier-designate Christy Clark", The Province (February 27, 2011)
The Top 10 Human Rights Cases in Canada
Lancaster House is continuing its "Top 10" theme for audioconferences. This time its an audioconference on March 3, 2011 addressing The Top 10 Human Rights Cases. The cases and the issues they address (quoted from Lancaster) are: read more »
Independent contractors considered to be employees for health and safety purposes in Ontario
In Ontario (Labour) v. United Independent Operators Limited, 2011 ONCA 33, the Ontario Court of Appeal ruled that independent contractors are considered to be "regularly employed" for the purposes of determining whether a company has an obligation to establish a joint health and safety committee (JHSC).
The Ontario Occupational Health and Safety Act requires a JHSC to be established at a workplace at which 20 or more workers are regularly employed. read more »