Workplace Wire

Connecting employers to developments in labour, employment & pension law

Federal Government tightening rules surrounding hiring of Temporary Foreign Workers: A quiet revolution of Canada’s immigration program comes into the national spotlight

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Canada has taken in increasingly higher numbers of temporary foreign workers.  The growth has been so significant in recent years that the annual intake of temporary foreign workers in Canada now consistently surpasses the number of permanent resident arrivals. There are widely differing opinions as to whether this is a positive, negative or neutral development.   Setting…

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Human Rights and Temporary Foreign Workers: Tribunal delays hearing to allow worker to sort out immigration status

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The number of temporary foreign workers in Canada has increased exponentially over the last 10 years, and in particular since 2006.  There are now over 250,000 foreigners entering Canada each year under a temporary work permit, and approximately half a million temporary foreign workers in the country at any given time.

Carrigan Estate – Leave to Appeal Denied

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In November, 2012, Julie-Anne Cardinal wrote about the Ontario Court of Appeal’s decision in Carrigan v. Carrigan Estate. In that case, the Court of Appeal held that a common law spouse was not entitled to the pre-retirement pension death benefit from her deceased partner’s pension. In a departure from previous interpretations of the Pension Benefits Act, the court found that as…

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HRTO orders reinstatement to employment, 10 years of back wages and more in case of disability discrimination

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In a sweeping remedial decision the Human Rights Tribunal of Ontario (HRTO) has ordered a non-union employee reinstated to employment after a nearly 10 year absence. The case underscores the importance of properly accommodating an employee’s disability related needs and proceeding cautiously when approaching the termination of such an employee.

The ESA Cuts Both Ways: Restricting Bonus Payments to the Employment Standards Act, 2000 Minimums

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Ontario’s Employment Standards Act, 2000 is a finicky beast.  Although it protects an employee’s entitlements on termination to things such as benefit continuation, notice or pay in lieu, vacation pay, and so forth, employers can also use it to limit an employee’s termination entitlements to the Act’s bare minimums.  As seen below, these minimum standards aren’t always…

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