Contract or gratuitous promise: the need for consideration
Employment lawyers spend a lot of time assessing whether contracts of employment are enforceable or not. The first thing that I check, when I review a contract of employment, is the date. What I’m attempting to determine is whether the contract was signed before or after there was already a verbal agreement in place.
Rudner Law, Employment / HR Law & Mediation
7 minutes read
March 6, 2015
How to have success with WSIB SIEF cost relief
Most employers know that WSIB-related costs can be very expensive. However, not everyone knows about cost relief programs offered by the Board. We asked Anna Aceto-Guerin for some insights into successfully acquiring SIEF cost relief.
Clear Path Employer Services
Superior Court applies the “Johnstone test” for family status discrimination in wrongful dismissal action
We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare (the “Johnstone test”). The Ontario Superior Court has released the first reported decision in Ontario to apply the “Johnstone test” in the context of a wrongful dismissal action.
Stringer LLP
New Year’s hangover: The curious case of the 27 paycheque year
The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain employers. Most employees in Canada are paid biweekly. However, years do not divide perfectly into biweekly segments. Once every 13 years, an employee paid on a biweekly basis will receive 27 paycheques, rather than 26 (an “extra paycheque year”).
Stringer LLP
Les agences de placement de personnel continuent d’être dans la mire du fisc.
Nous avons depuis quelque temps été témoins d’interventions plus musclées de la part des autorités fiscales à l’encontre des travailleurs (ou leurs sociétés) qui contractent avec des agences de placement de personnel aux fins de la prestation de services à leurs entreprises-clientes. L’impact de la récente décision de la Cour d’appel du Québec (17 juillet 2014) relativement à l’agence Océanica , bien que visant le secteur des infirmiers, se fera sentir dans tous les secteurs.
Occasional Contributors
Business travel: A review of NEXUS program eligibility
The NEXUS program is a joint initiative of United States Customs and Border Protection and the Canada Border Services Agency, which enables pre-approved, low-risk travellers to receive expedited entry when travelling to the United States or Canada. Unfortunately, not everyone will be in a position to satisfy the NEXUS eligibility criteria.
Henry J. Chang, Dentons LLP
Do you agree that workplaces should have a dress code?
Human resources experts agree that employees appreciate knowing your expectations about how they should dress for work-if they exist. However, some managers and employers disagree with dress codes. One of our subscribers wondered what our readers think, so in a recent HRinfodesk poll, we asked, Do you agree that workplaces should have a dress code?
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Reasons to object to a workers’ compensation claim
Objecting to the validity of a Workers’ Compensation (WSIB) claim or to a decision made by the Board is an important part of effective claims management. Not doing this level of due diligence can be extremely costly for your organization.
Clear Path Employer Services
Is 15 years old too young to work construction?
A very sad story was recently published in the Globe and Mail about a 15-year-old boy who was working at a gravel-crushing site in Alberta, when he became entangled in a conveyor belt and was killed. It leaves one wondering whether the age of 15 is an appropriate age for young persons to be working in the construction industry.
Christina Catenacci, BA, LLB, LLM, PhD
