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Labour & Employment

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Wednesday, June 20, 2018 @ 9:09 AM

Temporary entry for business persons under the Trans-Pacific Partnership immigration_tpp_sm

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was signed March 8, 2018. In addition to trade provisions, the CPTPP enables foreign nationals to enter member countries for business purposes, under reciprocal agreements. This will increase opportunities for Canadians to conduct business in member countries. It will also provide additional options for foreign business persons to enter Canada without demonstrating a distinct labour market need. Instead, business persons from member countries will be eligible to enter Canada as business visitors, intra-company transferees, investors, or professionals/technicians, provided they meet the qualifying criteria. ... [read more]

Tuesday, June 19, 2018 @ 9:36 AM

Sexual harassment claims a perfect storm of trouble for businesses, say lawyers Alix Herber and Sarah Graves

As a result of a #MeToo-charged environment, and because of media attention on high-profile Canadian examples, Alix Herber and Sarah Graves, who are partners at Fasken Martineau DuMoulin LLP in the labour and employment group, are busier than they’ve ever been with sexual harassment cases. ... [read more]

Monday, June 18, 2018 @ 10:38 AM

Unpacking Doug Ford’s plan for Ontario’s energy sector | Caroline Jageman

Before he was elected, Ontario’s premier-designate Doug Ford published his vision for Ontario, “For the People, A Plan For Ontario,” and the portion that relates to energy can be divided into five main promises: ... [read more]

Monday, June 18, 2018 @ 9:39 AM

Discriminatory benefit loophole closed for those over 65 | Stuart Rudner

It has been over a decade since Ontario effectively abolished mandatory retirement by amending the Human Rights Code to extend its protection against discrimination to workers over the age of 65. The legislation which effected this change had an interesting twist, however: it allowed employers to offer different (i.e., lesser) benefits to those older workers. ... [read more]

Monday, June 18, 2018 @ 8:50 AM

WORKERS' COMPENSATION - Compensability of injuries - Aggravation of pre-existing condition - Psychological injuries

Application by Stein for judicial review of a decision of the Workers’ Compensation Appeal Tribunal which held that she had not suffered from a compensable mental disorder and for a declaration s. 5.1 of the Workers Compensation Act was unconstitutional. ... [read more]

Friday, June 15, 2018 @ 10:36 AM

Secretly recording workplace conversations can be helpful, hurtful Cellphonewithskull.jpg

With the prevalence of smartphone technology in the workplace, mobile devices are commonly used as a tool to collect and preserve evidence in workplace disputes. Audio recordings are generally the most reliable evidence documenting contentious events in the workplace. They accurately and neutrally capture parties’ communications, their tone and demeanour in a way that handwritten notes, e-mails or verbal testimony cannot. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Friday, June 15, 2018 @ 9:13 AM

Provincial programs strategic part of Canada’s immigration landscape | Colin Singer

Canada’s Provincial Nomination Programs are fulfilling their objectives by bringing in immigrants with the right skills for local labour markets. PNP immigrants generally find jobs quickly in their chosen fields. They also stay in their province of arrival and earn more than Federal Skilled Worker (FSW) program candidates. ... [read more]

Friday, June 15, 2018 @ 8:37 AM

EMPLOYER-EMPLOYEE RELATIONSHIP - Employee, what constitutes

Appeal by Information Systems Architects from a motion judge’s decision awarding the respondent, Mohamed, damages in a consulting services dispute. ... [read more]

Thursday, June 14, 2018 @ 8:38 AM

Alberta proposing changes to youth employment rules

After making a number of significant changes over the last year to its labour and employment laws, Alberta is now looking to change provincial rules surrounding young workers. The provincial government announced June 8 it was seeking feedback on a number of proposed new regulations on youth employment. Labour Minister Christina Grey said the government’s priority “has always been to make sure young workers don’t get hurt while on the job.” ... [read more]