HR Law
January 4, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations
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.
Antitrust Guidance for Human Resource Professionals, Antitrust law, Canadian competition law, company's HR department, compliance training, employee compensation or terms of employment, employment law, hiring and compensation decisions, hiring practices, HR Law, HR policies practices and procedures, HR Professionals, Human Resources Management, internal compliance policies, Internal Controls, risk management
November 28, 2016 Yosie Saint-Cyr, LL.B., Managing Editor Accessibility Standards, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Corporate Administration, Corporate Administration and Legal Matters, Finance and Accounting, IT, Privacy and Security, Leadership and Management, Mobile Device Management, Not for Profit, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations, Systems and Data Management, Volunteers and Employee Relations, Web design and Management
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).
accessibility, accessible employment standards, accessible format, accommodation policies, communication support, employment law, HR, HR Law, Human Resources, individual accommodation plans, Manitoba accessible employment standards, persons with disabilities, policies and procedures, reasonable accommodations, Recruitment and hiring, return to work process, workplace emergency response
October 26, 2016 Yosie Saint-Cyr, LL.B., Managing Editor Accessibility Standards, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Corporate Governance, E-Commerce, Finance and Accounting, Government Budget, Throne Speech and Plans, IT, Privacy and Security, Leadership and Management, Not for Profit, Payroll and Personnel Management, Sales, Marketing and Operations, Volunteers and Employee Relations, Web design and Management
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.
accessibility, accessibility legislation, Accessibility standards, business, Canadians with Disabilities Act, Customer service, employment law, Federally regulated workplaces, HR Law, human rights, persons with disabilities, Providing goods and services, removing barriers, visual and/or auditory disabilities
May 2, 2016 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Accounting Systems and Controls, Accounts payable and receivable, Board of Directors, Process and Responsibilities, Business and Legal Issues, Corporate Administration, Corporate Administration and Legal Matters, Finance and Accounting, Financial Compliance / Planning / Management, Financial Management, Leadership and Management, Not for Profit, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations, Volunteers and Employee Relations
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 […]
Case commentary, constructive dismissal, employment law, employment standards, ESA, fundamental breach of employment contract, funding challenges, HR Law, Human Resources, inconsistent wage payment, OLRB, Pay period, Payment of wages, recurring paydates, termination pay, terminations, timely payment of wages, wage payment
March 9, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Business and Legal Issues, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, Fraud and Corruption, Income Tax Planning / Tax Schedules / Remittances, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations
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.
bankruptcy, Director liability, director of a bankrupt corporation, directors can be personally liable for unpaid employee wages, employment law, HR Law, jointly and severally liable, receivership, unpaid wages, Wage Earner Protection Program, WEPP
March 7, 2016 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Business and Legal Issues, Corporate Administration, Corporate Administration and Legal Matters, Finance and Accounting, Financial Compliance / Planning / Management, Leadership and Management, Payroll and Personnel Management, Sales, Marketing and Operations, Volunteers and Employee Relations
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.
business obligations, business ownership, calculating notice periods, employers' financial situation, employment law, HR Law, notice pay, Payroll, reasonable notice, reasonable notice pay, terminations, wrongful dismissal
October 7, 2013 Jeffrey Sherman Corporate Governance, Finance and Accounting, IT, Privacy and Security, Not for Profit
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.
access to information, accountability, accuracy, challenging compliance, compliance, consent, destroying information, disclosure and retention, employee access to information, Employee records, employment law, Employment records, HR Law, identifying purpose, individual access, limited collection, limited use, openness, Payroll, payroll information, Personal Information Protection and Electronics Documents Act, PIPEDA, policy, privacy practices, privacy principles, privacy rights, private sector privacy legislation, safeguards, substantially similar legislation
Non-profit’s funding challenges lead to constructive dismissal
May 2, 2016 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Accounting Systems and Controls, Accounts payable and receivable, Board of Directors, Process and Responsibilities, Business and Legal Issues, Corporate Administration, Corporate Administration and Legal Matters, Finance and Accounting, Financial Compliance / Planning / Management, Financial Management, Leadership and Management, Not for Profit, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations, Volunteers and Employee Relations
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 […]
Case commentary, constructive dismissal, employment law, employment standards, ESA, fundamental breach of employment contract, funding challenges, HR Law, Human Resources, inconsistent wage payment, OLRB, Pay period, Payment of wages, recurring paydates, termination pay, terminations, timely payment of wages, wage payment