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Archive for ‘Practice of Law: Practice Management’

CyberSecure Canada Standards for SMEs

The Canadian government has released a Cyber security controls standards document meant for small and medium sized business (499 employees or less), along with a certification program called CyberSecure Canada.

Cyber risks seem to be getting worse. Dangers include external hackers, phishing and social engineering attempts, and intentional and unintentional internal leaks. Responsibility is now considered to be at the board level, and does not stop at the CIO.

Cyber security can be a daunting task for small business. As the standard says, normal security standards “… are expensive to implement, beyond the financial and/or human resources means of most . . . [more]

Posted in: Legal Information, Practice of Law: Practice Management, Technology

Dispute Resolution Under the Canada Labour Code Transferred to Canada Industrial Relations Board

On July 29, 2019, certain provisions of the Budget Implementation Act 2017, No.1 (introduced as Bill C-44) came into force. The new law streamlines the dispute resolution process under the Canada Labour Code in federally regulated workplaces by transferring adjudicative functions under the Employment and Social Development Canada – Labour Program to the Canada Industrial Relations Board (CIRB).

This transfer impacts: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Supreme Court of Canada Refuses to Hear an Appeal on Campbell River Family Status Test

A previous Slaw article (which you can read here) discussed the recent British Columbia Court of Appeal decision that confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (Campbell River) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia.

Since this decision, the employee was seeking leave to appeal to the Supreme Court of Canada to address the inconsistency in . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Employee Entitled to Rescind Retirement Notice

The Ontario Court of Appeal has ruled that an employee had the right to unilaterally revoke her notice of resignation due to changing circumstances, and was wrongfully dismissed when her employer would not allow her to do so.

Quick facts

December 31, 2016, a 64-year-old employee resigned after her employer said it would be implementing a new computer system, citing her concern with learning a new system. The employee’s supervisor offered the employee an opportunity to reconsider and told the employee she could revoke the notice if she changed her mind.

On October 11, 2016, the employer announced it wouldn’t . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Confirmation of Stringent British Columbia Test for Family Status Duty to Accommodate

A recent British Columbia Court of Appeal decision confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (B.C.C.A., 2004 “Campbell River“) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Years Spent as Contractor to Be Included in Calculation of Reasonable Notice

A recent decision of the Ontario Superior Court in Cormier v 1772887 Ontario Ltd., 2019 ONSC 587 (CanLII) involved the number of years of service that were included in the calculation of notice, whether a termination clause was valid, and also if inappropriate deductions were made from the employee’s pay.

Quick facts

The employer operated a business across Canada that involved marketing and advertising.

A long-time employee (with almost 23 years of service) was dismissed without cause and claimed $136,577.75 in damages for wrongful dismissal. In her claim, the employee submitted that she was entitled to 24 months of . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Northwest Territories Upcoming Statutory Leave Changes

On May 29, 2019, the Northwest Territories tabled Bill 57, An Act to Amend the Employment Standards Act to align with recent changes to certain statutory leaves in the Canada Labour Code and the Employment Insurance Act, as well as to update certain provisions of the Employment Standards Act to better protect Northwest Territories workers. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

New Rules Governing Unpaid Interns in Federally Regulated Workplaces

In December 2017, legislative amendments under the Budget Implementation Act, 2017, No. 2 (introduced as Bill C-63), to Part III (employment standards) of the Canada Labour Code (the Code) to limit unpaid internships in the federally regulated sector to only those that are part of an educational program were enacted but did not come into force right away. On June 8, 2019, the federal government published proposed regulations in the Canada Gazette to extend standard health and safety protections to unpaid interns and to enact supporting regulations regarding limitations to internships under Part III of the Canada Labour Code. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Regulations Amending the Canada Labour Standards Regulations

In preparation for the September 1, 2019, coming into force date of the amendments to Part III (Labour Standards) of the Canada Labour Code, the federal government registered in the Canada Gazette, Part II, Volume 153, Number 12, on June 3, 2019, the consequential amendments to the Canada Labour Standards Regulations. This is intended to align the Regulations with the new and amended Canada Labour Code provisions and to support their implementation. Additional housekeeping amendments are also needed to address other editorial and alignment issues. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Workplace Culture That Includes Racism Is Very Costly for Employer

Recently, a Nova Scotia Human Rights Board of Inquiry awarded a record $593,417 in damages, including $105,650 for injury to dignity and $433,077 for wage loss, to a former Halifax transit worker employed as a mechanic who suffered racial harassment and discrimination at work.

In a previous ruling released in March 2018, Nova Scotia Human Rights Commission board of inquiry chair Lynn Connors found widespread racial discrimination and a poisoned work environment at Halifax Transit’s garage. The Halifax Regional Municipality (HRM) was found vicariously liable for the actions of their employees.

Connors stated,

“I find based on the facts

. . . [more]
Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

British Columbia Employment Standards and Labour Relations Reforms Passed

On May 30, 2019, the British Columbia government gave royal assent to an amended version of Bill 8, Employment Standards Amendment Act, 2019 to significantly update the Employment Standards Act, and royal assent to an amended version of Bill 30, Labour Relations Code Amendment Act, 2019 to provide greater protections for unionized workers. According to the government, the changes will better protect workers, bring greater stability for employers and more durable labour relations. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Alberta Rolling Back Certain Employment Standards and Labour Relations Reforms

On May 27, 2019, the Alberta government tabled Bill 2, An Act to Make Alberta Open for Business to make amendments to the Employment Standards Code and the Labour Relations Code. This involves rolling back certain measures that were implemented by the previous government and adding in new rules. According to the government, the proposed Open for Business Act would reduce unfair burdens on businesses and give workers more rights in unionized workplaces.

Employment Standards Code changes

1. Introducing a $13 per hour minimum wage rate for students under 18:

This change is not part of Bill 2, but . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation