FRTalks

Insights and updates on human resources, employment law, payroll, internal controls and compliance strategies.

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Is requesting a layoff a resignation?

Employers often make the mistake of thinking that they can put an employee on a temporary layoff, so long as they respect the applicable employment standards provisions. To their dismay, they are then served with a constructive dismissal claim.

Rudner Law, Employment / HR Law & Mediation

Time to read 4 minutes read
Calendar October 4, 2024
British Columbia Employment Standards Act
deemed termination
employment law
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Five considerations for commission policies

A commission is an entitlement to compensation based on attaining a target. Employers should remember the following five things when designing and operating commission schemes:

Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)

Time to read 5 minutes read
Calendar October 1, 2024
commission structures
commissions
deduction at source
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Navigating workplace investigations – Employer FAQs (Part 2)

When an employer’s duty to investigate is triggered following a complaint, a workplace investigation “appropriate in the circumstances” must be conducted. But who’s the judge of what is considered appropriate? 

Belle Yuan, HR consultant, Strategywise HR

Time to read 5 minutes read
Calendar October 1, 2024
confidentiality obligations
employee complaint
employment law
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Employers’ duty to accommodate family status when scheduling shifts is not unlimited

Family status is a protected ground under the Ontario Human Rights Code and employers have an obligation to provide reasonable accommodation in the circumstances.

McCarthy Tétrault LLP

Time to read 3 minutes read
Calendar October 1, 2024
duty to accommodate
employment law
family status
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BC case dealing with variation of restrictions on a gift

A very interesting case from BC is a must-read for any fundraiser who deals with restricted gifts. The case Boys and Girls Club of Greater Victoria Foundation v British Columbia (Attorney General), 2024 BCSC 442 (CanLII) (PDF) deals with cy pres or variation of a gift and the standard that is necessary.

Occasional Contributors

Time to read 2 minutes read
Calendar October 1, 2024
Charitable gifting
charitable gifts
cy pres
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Navigating the challenges of AI fairness, bias and robustness

In the past several years, artificial intelligence (“AI”) has exploded into the public consciousness and emerged as a driving economic force that underpins some of the world’s largest companies and most exciting new start-ups.

McCarthy Tétrault LLP

Time to read 23 minutes read
Calendar September 23, 2024
'Discrimination
AI bias
AI fairness
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Facebook breached PIPEDA, says Federal Court of Appeal

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint into the scraping of Facebook user data by the app “thisisyourdigitallife” (TYDL) and its subsequent selling of the data to Cambridge Analytica (CA) for psychographic modelling purposes between November 2013 and December 2015. The OPC made an application to the Federal Court of Canada (FCC) and argued that Facebook breached the Personal Information Protection and Electronic Documents Act (PIPEDA) because of its practice of sharing Facebook users’ personal information with third-party applications (apps) hosted on the Facebook platform.

Christina Catenacci, BA, LLB, LLM, PhD

Time to read 15 minutes read
Calendar September 21, 2024
Cambridge Analytica
facebook
OPC
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A really concise version of the IIA’s new Global Internal Audit Standards (GIAS)

I want to share below a 6 page version that contains only the Purpose Statement, the Principles, and the main part of each Standard.

Norman D. Marks, CPA, CRMA

Time to read 12 minutes read
Calendar September 18, 2024
compliance
Global Internal Audit Standards
governance
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Why claiming a failure to mitigate for a 35 year employee is almost futile

In Wall v M.H. Roe Sheet Metal (no CanLII citation yet) Justice Kumaranayake of the Ontario Superior Court found the proper notice period for a 56 year old Office Administrator with 35 years’ service was 24 months.

Barry B. Fisher LL.B.

Time to read 2 minutes read
Calendar September 16, 2024
employment law
failure to mitigate
notice period