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
6 minutes read
February 23, 2012 
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
Québec and Ontario sales taxes on group employee benefits
Employee benefits are subject to provincial sales in both Ontario and Québec, at 8 and 9 percent respectively. These sales taxes only apply to coverage provided through group plans so, for example, term life insurance provided to just one individual is not subject to tax. These taxes are separate from the normal HST, GST or QST that apply in these provinces. These taxes apply to both employee and employer payments of premiums for the coverage or benefits supplied.
Alan McEwen
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
Supplemental Unemployment Benefit (top-up) plan reporting
We set up a Supplemental Unemployment Benefit (SUB) plan in the last year (also known as a top-up plan). How do I report the payments our employees received under the plan in 2011? Before answering this question, let’s clarify a couple of terms…
Alan McEwen
Slaw: Why I was compelled to watch ‘Pan Am’
Why I was compelled to watch the television show Pan Am? To see if they would accurately portray the workplace culture of the 1960’s, which I have heard about and find very intriguing. In addition, with the recent Air Canada labour troubles on my mind, the show seemed a propos.
Ted Kenney
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
Assessment of human resources: An organization’s most valuable assets
How does an organization identify the best person for the job when filling a position? Companies generally follow a defined process for recruiting, hiring and promoting. They have a job description and certain criterion they are looking for. Whatever the process may be, it needs to be robust and legally defensible. The best method for achieving this is to use a formal assessment centre.
John Proctor
