A company’s HR functions, such as recruitment and compensation, are not typically regarded as antitrust “hot spots” (as opposed to sales and marketing). Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their HR personnel. Since Canadian competition law is similar to U.S. antitrust law in these respects, it is important that Canadian HR professionals be aware of these risks and protect themselves and their companies from exposure.
The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for accessible employment standards. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).
Between July 2016 and February 2017, the federal government is consulting Canadians on planned accessibility legislation. The goal of the law would be to promote equality of opportunity and increase the inclusion and participation of Canadians who have disabilities or functional limitations in all areas of every day life.
Throughout the last few months a number of provinces and territories have released their Budgets for the year 2016. The following is a brief overview of each of those Budgets released to date.
The Ontario Labour Relations Board (ORB) recently held that a non-profit’s non—payment of wages and funding challenges amounted to constructive dismissal of one of its employees. (See Aundrea Di Giuseppe v Hospice Richmond Hill, 2015 CanLII 56255 (ON LRB)). Background The employee was the Executive Director at Hospice Richmond Hill (the “Employer”) for over 8 […]
As an Executive Director, there are many different areas that need your attention on a daily basis: strategic direction, fundraising, stakeholder engagement, employee and volunteer management, media relations and grant applications, just to name a few.
With all of these factors to manage, keeping up with changes in legal compliance and CRA requirements may not be perceived as a top priority. However, failing to pay attention to compliance can leave your organization vulnerable to the risk of financial penalties and have a negative impact on your reputation.
I want to highlight a couple of recent issues you may want to consider.
A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay.
Compared to employment, business ownership can offer independence and control, but can also create inescapable financial and other obligations. Salaries and other expenses must be paid regardless of how poorly the business does. The inescapable obligation to pay the appropriate notice pay when employees are terminated, was recently the subject of an Ontario Court of Appeal case.
Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment. Directors are often named as defendants in claims related to the negligence of the companies they oversee.
In the aftermath of the abuse scandals at Catholic schools and churches the charity world learned much about how creditors could seize control of a charity’s assets. As a result many organizations began studying methods to protect charitable assets in case of an unsuccessfully defended lawsuit against them. Lawyers though know that the lessons of the past have not sunk in at many charities and now there is a very public example that comes from the failure to learn from history.