First published on Tuesday, January 21, 2025
Last updated on Tuesday, January 21, 2025
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Welcome to HR Heartbeat, where we give you a rundown of the week's top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentary on all things HR and legal.
Big changes to open work permits are coming
Starting January 21, 2025, Immigration, Refugees, and Citizenship Canada (IRCC) is rolling out new rules that could impact your ability to attract and retain international talent.
If you employ foreign workers or work closely with international students, here's what you need to know.
Spouses of international students can now only apply for an Open Work Permit (OWP) if the student is enrolled in:
Master's programs lasting 16 months or longer
Doctoral programs
Select professional programs
If the student doesn't meet these criteria, their spouse won't qualify for a work permit.
Spouses of foreign workers are eligible for OWPs only if:
The foreign worker is employed in TEER 0 or 1 occupations (like managerial or professional roles)
Certain TEER 2 or 3 occupations in industries experiencing labour shortages
When applying, the foreign worker must have at least 16 months left on their work permit. And dependent children of foreign workers will no longer qualify for OWPs under these new rules.
Small businesses that rely on international talent will face challenges like a reduced talent pool due to fewer work permits. You'll also need to plan more strategically about recruiting foreign workers, especially in high-demand roles and sectors.
That's why it's essential to stay updated on immigration changes when creating your recruitment plans, so you're never left understaffed. Consult employment relations experts when new regulations are introduced for guidance on how they'll affect your business.
Ignoring a termination clause could cost you a pretty penny
A recent termination case out of Ontario, where a 44-year-old vice president with 3.5 years of service was terminated without cause, highlights employers' risks when they fail to honor the language in their termination clauses.
The employee's contract said they were entitled to three months' termination pay if they were terminated without cause, but the clause didn't require the employee to sign a Full and Final Release.
When the employer tried to force them to sign a full and final release as a condition for paying out their termination package, the employee refused.
In retaliation, the employer paid just one week of notice under the Employment Standards Act (ESA), even though the minimum standard is at least three weeks.
The Ontario Superior Court ruled that the employer made the contract invalid by failing to uphold its own termination clause. As a result, the employee was entitled to nine months of reasonable notice under common law—far exceeding the three months originally outlined in their contract.
This case shows the importance of having clear, enforceable contracts and following them to the letter. Disregarding an employee's contract terms can expose your business to significant financial liability and legal repercussions.
Alberta's workplace violence and harassment prevention gets an update
Alberta's Occupational Health and Safety (OHS) Code has undergone major updates, introducing new requirements for workplace violence and harassment prevention plans.
Starting March 31, 2025, all employers in Alberta must develop and implement a combined violence and harassment prevention plan. Doing this will simplify documentation into a single, comprehensive plan instead of separate policies.
To create this plan, employers must collaborate with Joint Health and Safety Committees (JHSCs), health and safety representatives, or affected workers.
You're also required to review the plan at least every three years or whenever specific circumstances arise, like when there's a workplace incident or changes in the work environment that could impact the risk of violence or harassment.
So, if you have multiple existing workplace violence and harassment policies, you must combine them into one unified document to ensure compliance with this new regulation.
You'll also need to retrain managers and employees on the new policy so everyone understands their role in implementing the latest procedures and preventing workplace violence and harassment.
And that's a wrap! Come back next time for more HR news so you stay ahead of major employment law changes.
