First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

HR Law

Competition law issues for HR Professionals in Canada

Competition law

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.

 

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

Proposed Manitoba accessible employment standards

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).

 

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

Consulting with Canadians on accessibility legislation

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.

 

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

Non-profit’s funding challenges lead to constructive dismissal

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 […]

 

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

Canadian corporate directors may be liable for unpaid wages

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.

 

, , , , , , , , , ,

Employers’ financial difficulties irrelevant when calculating notice periods

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.

 

, , , , , , , , , , ,

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.

 

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