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
Why it is never a good idea to dismiss an employee by email
A human resource person in one of the largest insurance company in the UK mistakenly fired 1,300 global employees in its investment unit by email. The email asked them to turn over their security credentials and company property on their way out and to remember their contractual obligation pertaining to confidential information. Oops! The email was only meant to go to one employee.
Ted Kenney
We are not SHOUTING or SCREAMING! Font sizes and accessibility
Recently I sent an email in a medium-large font to someone who thought I was shouting. The reply I received was disturbing. The person was offended and read the information as if I was angry…
Suzanne Cohen Share
Video surveillance and the workplace – Part 2
A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…
David Hyde
Federal budget 2012 – don’t forget the Old Age Security changes!
Effective, April 1, 2023, with full implementation by January 2029, the eligibility age for Old Age Security (OAS) is increasing to age 67 from 65 to reflect the reality that Canadians are living longer and healthier lives, and intending to keep working and delay retirement. In line with the increase in age of OAS/GIS eligibility, the ages at which the allowance and the allowance for the survivor are provided will also gradually increase from 60–64 today to 62–66, starting in April 2023.
Ted Kenney
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
Relying on breach of policy to discipline employees
When an employer seeks to rely on a breach of policy in disciplining an employee, the employer must prove that it clearly communicated the policy to the employee in question and has enforced the policy consistently. The importance of such communication in enforcement of workplace policies was demonstrated in Lambe v. Irving Oil Ltd.
Ted Kenney
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
