First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

employment law

Canadian immigration update – Electronic travel authorization required as of March 15, 2016

As explained in our earlier article, starting on March 15, 2016, visa-exempt foreign nationals travelling to Canada by air will require an Electronic Travel Authorization (eTA). Air carriers will be checking travellers and passengers who do not have an eTA or do not qualify for an exemption will not be permitted to board the aircraft. Government has now released further details about the eTA system as outlined below.

 

, , , , , , , , , , , ,

Director’s liability for corporate negligence

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.

 

, , , , , , , , , , ,

Why do charities need creditor proofing? This is why.

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.

 

, , , , , ,

IT-guy writes script to delete records…and wipes phone despite director’s pleas to “stop!”

Employers have been cautioned to be wary of insiders with the potential to cause the organization great harm. For instance, employers are often advised that if they are terminating IT personnel they should do so with pay in lieu of notice, instead of working notice. A recent hearing in Manitoba illustrates the insider risks associated with IT roles.

 

, , , , , , , , , ,

The hiring process: How to control risks

Recruiting and hiring new staff members is fraught with challenges. Which candidate has the right combination of skills for the job? Will she fit in with her new team members? Can he actually do the things he says he can? These questions are fundamental to effective hiring, but they don’t begin to consider the legal risks associated with the hiring process.

 

, , , , , , , , , , , ,

Intellectual property belongs to employer despite contract dispute

intellectual-property-law-bill-c31

When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

, , , , , , , , , , ,

Office of the Information and Privacy Commissioners bring your own device program guidelines

iphone-ipad-bring-your-own-device

Using personal devices at work to conduct business (BYOD or “bring your own device”) has become commonplace in the last couple of years. Employers are implementing BYOD policies left, right and centre to try to control the privacy challenges this practice can bring about when employers access these devices to protect their data contained on them.

 

, , , , , , , ,

Worldwide code of conduct reasonable exercise of management rights

Many multinational corporations have issued company-wide codes of conduct setting out baseline rules that apply to all of their global operations. A recent Ontario arbitration decision provides a good precedent for employers who may be concerned about balancing corporate governance interests against the rights of unionized employees when instituting universal codes of conduct.

 

, , , , , , , , , , , , , , ,

Public holiday reminders for the 2014-15 holiday season

The holiday season is often the happiest time of the year, because of time spent with family, gifts and many other things. However, it can also be the most stressful time of the year, especially at work. Deadlines are often tight because of shifting schedules, customers and workloads can be more demanding, and there may be pressure to increase performance to meet end-of-year business goals. Family demands, travel and employment standards public holiday (statutory holiday/general holiday) requirements can also take a toll. Management should not forget what employees are entitled to, and their responsibilities, under the law regarding time off during the holidays. Here is a brief summary:

 

, , , , , ,

What charites & non-profits can learn from the Ministry of Labour blitz on unpaid internships

Volunteers and unpaid interns are not covered by the Employment Standards Act, 2000 (“ESA”) and therefore are not subject to minimum wage and other requirements of the legislation. However, on September 30, 2014, the Ministry of Labour released the results of its recent blitz where it was determined that a number of unpaid interns in various sectors of the economy were actually employees covered by the ESA, and accordingly, entitled to minimum wages, vacation pay and other protections afforded to employees under the ESA. While the Ministry of Labour did not specifically target charities and non-profits in this blitz, there are many lessons to be learned due to the large number of volunteers and unpaid interns working in these sectors.

 

, , , , , , , , , , , ,

Arbitrators should apply ‘privacy spectrum’ to personal information

The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest.

 

, , , , , , , , , , , , , ,

Evans v. The Bank of Nova Scotia: Another case of intrusion upon seclusion is certified as a class action

The new tort of “intrusion upon seclusion”, which provides a cause of action to those whose privacy has been breached, was given new teeth this month by the certification of a class action against the Bank of Nova Scotia and its employee, Richard Wilson.

 

, , , , , , , , , , , , , , , , , , , , , , ,

Public holiday reminders, season’s greetings and holiday break

The team at First Reference Inc. and Inside Internal Controls blog wishes everyone a very Happy Holiday Season and all the best for the New Year! / L’Équipe de La Référence et du billet Inside Internal Controls blog vous souhaite de belles fêtes et une bonne et heureuse année. In addition, we would like to remind you of the three public/statutory holidays…

 

, , , , , , , , , , , , , ,

Criminal record checks available free to not-for-profit organizations, starting November 30

Starting November 30, 2013, British Columbia’s government will waive the $20 criminal record check fee for not-for-profit organizations that participate in a program that also offers free expert advice. Under BC law, employers in the volunteer and not-for-profit sector must obtain criminal record checks for job and volunteer candidates if they will work with children or vulnerable adults. The province’s criminal record check program aims to alleviate the financial burden associated with the law.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Can an employee request access to their personnel and payroll files?

In Canada, employees have the right to access information in their personnel and payroll files, provided that it does not interfere with another employee’s privacy rights.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Previous Posts Next posts