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Inside Internal Controls

News and discussion on implementing risk management

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Payroll and Personnel Management

Expert answers for questions on retaliation in the workplace

Competition law

The NAVEX Global Master Class on Retaliation in the Workplace generated a plethora of thoughtful questions and discussion points from our attendees.

 

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Focusing board attention on management

Rather than trying to make sure themselves that everything is right, the board should focus its limited time on gaining comfort that it has the right management team in place, a team capable of getting things right.

 

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New Canadian temporary immigration options under the CPTPP

The purpose of the CPTPP is to facilitate market access, investment opportunities and trade amongst the parties. Of interest from an immigration standpoint, the CPTPP contains new temporary immigration options for citizens of member countries.

 

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Avoiding women at work is not a solution, it’s discrimination

#MeToo-inspired discrimination as described from Davos could lead to potential revenue loss – not to mention the toxic cultures created along the way that can affect overall productivity and performance.

 

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New Employer Health Tax comes into force

British Columbia’s new Employer Health Tax came into force on January 1, 2019. The Employer Health Tax is an annual payroll tax payable by British Columbia employers.

 

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When should an employer terminate for cause?

An employment relationship is a relationship built upon mutual trust. Courts and tribunals have long held that when an employee violates that trust, the employer is justified in ending the relationship, for cause, and without notice.

 

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Delayed: The Pay Transparency Act, 2018, will not come into force on January 1, 2019

Bill 57, proposed to postpone the coming into force of the Pay Transparency Act, 2018. On December 6, 2018, it did just that.

 

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Bill 66: More changes to employment and labour legislation

On December 6, 2018, the legislature again introduced new changes to the statutory labour and employment regime of the province. While Bill 66, Restoring Ontario’s Competitiveness Act (“Bill 66”), makes changes to a wide swath of laws, the ESA and the LRA are subject to some new tweaks.

 

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Concerned about risk? #MeToo: A discussion on civil liability, sports and the #MeToo movement

The ever-changing landscapes of political, social and technological advances mean that risk factors for organizations are constantly evolving.

 

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Use payroll reports to improve internal controls

Payroll reports, if properly designed, prepared, distributed and reviewed, assist with more than just cost control—they can help to significantly improve several internal controls. Very simply put, internal controls include the activities, processes, policies and procedures which an organization implements to ensure that it meets its objectives.

 

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Vicarious liability for the intentional torts of workers

It is not always clear when an organization will be liable for the intentional wrongs committed by its representatives. Recent case decisions underscore the difficulty in determining in what circumstances an organization will be held vicariously liable for the intentional wrongs of its workers as well as the challenges in trying to gauge whether a court will find that there was sufficient connection between such intentional wrong and the worker’s duties.

 

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The “Weinstein Clause” may mark a new era of social due diligence

To gauge the civility of an organization’s culture, adequate policies and training are not enough. The behavior and accountability of top leadership play a key role. You can’t delegate ethics. And it seems the “Weinstein Clause” indicates that boards are finally beginning to understand that.

 

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What one has earned – Courts impose compensation where parties fail to solidify a contract

While quantum meruit is a method by which a party who has given value to another to their own detriment may seek redress, the better alternative remains for parties to arrive at clearly agreed upon terms and to commit those terms to writing.

 

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Only the clearest release will stop a class action: Superior Court of Québec authorizes class action by former employees against Air Canada

The Court authorized the class action on the basis that it was arguable that Air Canada had deliberately violated the Act by reducing the volume of work sent to Aveos, knowing that this would cause it to cease operations.

 

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Collective agreement, not software, drives employee entitlements

Organizations must carefully and proactively determine user requirements and document them with great specificity when designing or evaluating software options to manage payroll and benefits within their companies.

 

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