The Manitoba Government issued a news release today (September 26, 2013) regarding the pending increase to the province's minimum wage. The news release reads as follows:
The province is increasing the minimum wage on Oct. 1 to $10.45 an hour, as detailed in Budget 2013, Entrepreneurship, Training and Trade Minister Peter Bjornson announced today. This is an increase of 20 cents over the current minimum wage.
"This increase will help the lowest wage earners in Manitoba and keeps pace with expected increases in the consumer price index," said Bjornson. "Coupled with new training and skills development initiatives, this will help low-income Manitobans retain their purchasing power, continue to contribute to the growth of our economy and improve their education so they can find better paying jobs." read more »
On September 13, 2013, the Manitoba legislature passed the Personal Information Protection and Identity Theft Prevention Act, becoming the fourth province to have enacted its own broadly applicable private sector privacy legislation. The other provinces are BC, Alberta and Quebec. The Manitoba act is not yet in force.
Manitoba Human Rights Code to prohibit discrimination based on gender identity, disadvantaged social status
The Government of Manitoba issued a news release today concerning amendments to the province's Human Rights Code that would prohibit discrimination based on gender identity and disadvantaged social status.
The amendments are found in Bill 36, the Human Rights Code Amendment Act.
The release states as follows:
The decision in Lounsbury v. Dakota Tipi First Nation, 2011 MBQB 96 is unique in that the court awarded the plaintiff former employee both solicitor client costs and punitive damages because of the defendant employer's conduct.
The court had previously awarded the former employee $143,000 in notice period damages.
As the court stated, solicitor-client costs are or special costs "are intended to more closely represent a party's actual legal costs" (para 41). In the case, the court awarded solicitor-client costs on two basis: read more »
Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law
The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.
The Manitoba government has introduced changes to the Workplace, Safety and Health Regulation to protect workers from psychological harassment. The changes will come into force effective February 1, 2011.
- Employers must develop a written policy to prevent harassment in the workplace and must make sure that workers follow this policy. In developing the policy, employers must consult the workplace safety and health committee or representative. If there is no committee or representative, the workers must be consulted.
"harassment" is defined as:
(a) objectionable conduct that creates a risk to the health of a worker
In an April 2009 post, I reported on the pending legislation in Ontario - Bill 37 - which will amend the Child and Family Services Act (Ontario) and imposes a positive obligation on any person in Ontario, including employers and employees, to report child pornography.
An article in the May 3, 2010 edition of the Canadian HR Reporter - which recently landed on my desk - points out that Ontario is just one of four Canadian provinces to take action in this regard. To summarize from the article (and other sources): read more »
Bill 227 received Royal Assent today. It amends the Manitoba Employment Standards Code to provide for an unpaid leave of absence for employees who undergo surgery for organ donation.
A news release issued today by the Manitoba government notes that it is only the second jurisdiction in Canada to adopt such legislation.
The Manitoba government has also prepared an "Organ Donor Leave" publication which explains the amendments.
Does the Ontario Human Rights Code ("OHRC") protect employees charged with a criminal offence? The answer is "no" based on a series of decisions by the Ontario Human Rights Tribunal ("OHRT") over the last year.
Ontario Human Rights Code
The OHRC prohibits discrimination in employment on the basis of an employee's "record of offences". The OHRC states that "record of offences" means a conviction for:
(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or
(b) an offence in respect of any provincial enactment.
Decision in de Pelham v. Mytrak Health Systems Inc.
In a February 2009 decision, de Pelham v. Mytrak Health Systems Inc. 2009 HRTO 172 (CanLII), the chair of the OHRT ruled that the "record of offences" provisions do not encompass criminal charges. Specifically, he stated: read more »