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Category Archives: Labour and Employment

Federal Government makes changes to Immigration funding in Manitoba

The federal government is taking big steps to take back control over immigration in Manitoba.  Newcomers already in Manitoba and future immigrants will be affected. The first big change is to settlement services.  The federal government has been transferring approximately $36 million each year to Manitoba to pay for settlement services for immigrants, such as language training, [...]

Workplace Harassment Liability for Employers

Employers in Manitoba may not be aware of recent amendments to regulations to the Workplace Safety and Health Act (the “Act”) which place a number of strict duties on employers relating to the creation, maintenance and enforcement of certain workplace policies.  The protection of workers in their employment remains one of the key purposes of the Act.  [...]

What is Overtime, and who is entitled to it?

This is a fundamental principle of employment law that is vital to every employer – employee relationship. The respective rights and obligations of employees and employers relating to overtime are governed in Manitoba by the provisions of the Employment Standards Code. The basic principle is that where an employee works more than 8 hours in [...]

Choose Your Words Carefully!

  Remember that email exchange you had with an individual a year ago? Now that you are in litigation with that individual, the email may be relevant. The Manitoba Court of Queen’s Bench Rules require that any and all relevant documents must be produced in the course of litigation and the term documents includes more [...]

Franchisors beware – you may be the employer of your franchisees for WCB purposes!

Both franchisors and franchisees need to be aware of a recent decision of Manitoba’s Appeal Commission. The key issue under dispute, in Decision No. 99/11, was whether franchisees are entitled to register as a separate business with the Workers Compensation Board (WCB) ofManitoba. The WCB found they were not.

Workplace Bullying now covered under Workplace Safety and Health Regulation

 Effective February 1, 2011, significant amendments to The Workplace Safety and Health Regulation came into force. These amendments will impact all provincially regulated employers in Manitoba.  Highlights of the amendments include: The definition of “harassment” has been amended and broadened to include:  Protection of a worker’s psychological well-being; Protection against conduct that might reasonably cause a [...]

Employers: Be Aware of Your Obligations to Sick Employees

As an employer, it is very important to be aware of and understand your obligations should an employee in your company fall seriously ill and be unable to continue to work.  For one Ontario employer, the consequences have proven to be quite costly! On July 12, 2010, the Human Rights Tribunal of Ontario awarded a [...]

Mental Distress in the Workplace

Are employers liable for acts that cause their non-unionized employees mental distress throughout their course of employment?   Recently, the Ontario Court of Appeal has held that employers do not have a duty of care to shield employees throughout the course of their employment from acts that might cause them mental distress.  This indicates that while [...]

What Employers Need to Know About Manitoba’s New Ban on Cell Phones

Manitoba’s ban on the use of hand-held devices while driving will take effect on July 15, 2010.  For details on the new legislation please see my previous post entitled “It Pays to Be a Safe Driver”.  Employers need to ensure that employees comply with all federal, provincial and municipal rules and regulations regarding the use [...]

“That’s Just Not Acceptable”–Acceptable Use Policies in the Workplace

Have you caught someone at work surfing the Internet—maybe buying something, updating their Facebook page or paying a bill?  Maybe that ‘someone’ was you!  Have you ever stopped to think if that ‘someone’ is allowed to do this at work? An acceptable use policy (AUP) is a written policy, enacted by an employer and agreed [...]