About Christina Catenacci, BA, LLB, LLM, PhD
Denny’s temporary foreign workers employment standards class action suit gets certified
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
Christina Catenacci, BA, LLB, LLM, PhD
3 minutes read
May 11, 2012
It’s time for an ergonomics refresher on training
A while back, I wrote about how mandatory training in ergonomics would be an effective way of preventing workplace injuries (musculoskeletal injuries/disorders and repetitive strain injuries), reducing absenteeism, increasing productivity and improving morale in the workplace. Have my opinions changed?
Christina Catenacci, BA, LLB, LLM, PhD
Intern not ’employee’ for CPP and EI deduction purposes
I just read a case coming out of the Tax Court of Canada that confirmed an intern working for a charitable organization was not an “employee”; rather, she was a scholarship recipient. Therefore, the organization didn’t have to make any source deductions such as CPP and EI on behalf of the intern.
Christina Catenacci, BA, LLB, LLM, PhD
No age discrimination present – job applicant was simply outperformed in interviews
I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.
Christina Catenacci, BA, LLB, LLM, PhD
It’s that time of year: Seasonal Affective Disorder hits some employees
‘Tis the season for us to put away the lawn furniture and take apart the garden. The sunlight hours are decreasing and the plants around the house are turning brown. We are now faced with leaves on the ground, colder, damper weather, and soon, Christmas commercials. As we take out our winter coats and snow shovels, it is important to remember that this is the time that Seasonal Affective Disorder (SAD) can hit employees. What can employers do?
Christina Catenacci, BA, LLB, LLM, PhD
Salary increase projections for 2012, ‘cautiously optimistic’
I’ve been doing some reading to see what salary increases are predicted for the year 2012, and whether things will be more optimistic for Canadian employees who work hard to make ends meet. It turns out that most are projecting a marginal increase from last year, when employees also received marginal increases; that is, lower than the increases prior to the economic downturn.
Christina Catenacci, BA, LLB, LLM, PhD
Another case of school employee working in sex trade – this time, teacher did not lose job
Remember the case where a Quebec school board terminated an office assistant because she was a porn video star on the side? She was terminated because her off-duty conduct was inconsistent with the school board’s mission and the values the board wished to convey to students. Well, here’s another case where a sex-ed teacher who also worked as a stripper and porn actor was allowed to keep teaching! What was the difference in this case?
Christina Catenacci, BA, LLB, LLM, PhD
Employer had just cause to terminate an employee who worked a second job
In some unfortunate cases, Canadians need to work two jobs in order to make ends meet. Well, it seems that sometimes taking a second job may not be a good idea. The British Columbia Provincial Court recently found that an employer could terminate an employee for just cause because that employee had a second job and refused to quit when she was asked.
Christina Catenacci, BA, LLB, LLM, PhD
The Air Canada pilots’ mandatory retirement saga – will it end with the tribunal’s third decision?
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.
Christina Catenacci, BA, LLB, LLM, PhD