AMO 2018 Annual Human Resources Update

61 Pages·2017·0.78 MB·English

by  Office User

AMO 2018
Annual Human Resources Update
Presented by Hicks Morley LLP
August 21, 2018
Human Resources Law Update
Human Resources Law Update
Craig Rix I Partner, Toronto Leanne Fisher I Partner, Ottawa Anne Lemay I Associate, Ottawa
Human Resources Law Update
Agenda
• Introduction
• Bill 148 – Bad News/Good News
• Cannabis – A Burning Issue
• WSIB Update – Chronic Mental Stress
• Case Law Update
• Bargaining Update
• #MeToo
• Odds and Ends
Human Resources Law Update
3
Bill 148 Update
Human Resources Law Update
New Government – New Opportunities
Commitment to amend ESA re minimum wage
•
Human Resources Law Update
5
Equal Pay for Equal Work – April 1 2018
Cannot pay an employee at a rate less than the rate paid
1.
to another employee because of employment status
How is employment status defined?
2.
a) b)
a)Difference in the term
a)Difference in the
of employment including
number of hours
permanent, temp,
regularly worked
seasonal or casual
Human Resources Law Update
6
Equal Pay for Equal Work
What do Applicants have to prove?
3.
a) b) c)
a)they perform a)their performance
a)their work is performed
substantially the same requires substantially the
under similar working
kind of work in the same same skill, effort and
conditions.
establishment; responsibility; and
(“substantially the same” ≠ “necessarily identical”)
Human Resources Law Update
7
Worksheet
Part Time Employee Full Time Employee
Step 1:
Difference in Employment Status?
Step 2:
(a) perform substantially the same kind of work?
(b) substantially the same skill, effort and responsibility?
(c) similar working conditions?
Step 3: Exceptions
(a) Seniority
(b) Merits
(c) System that measures earnings
(d) Any other factor other than sex and employment status
Human Resources Law Update
8
Vacation Entitlement – January 1 2018
Vacation entitlement to increase after period of employment
•
of 5 years:
3 Weeks’ Vacation Time 6% Vacation Pay
Human Resources Law Update
9
Public Holiday Pay – January 1 2018 to July 1 2018
Based on regular wages
No longer prorated
from previous pay period
Holiday Pay =
Regular wages from previous pay period
Holiday Pay =
Days worked in that period
Human Resources Law Update
10