Capital News Wednesday, April 6, 2011
BUSINESS W GOLF
W FOREIGN WORKERS
Changes in the works for Kelowna Springs clubhouse
Bolstering protection in Canada
DeHart from B1 bie” make-up class ($10) on Saturday, April 9, 5:30 to 7:30 p.m., to coincide with the world-wide phenomenon Zombie Crawl on April 16 starting from City Park. Tickle Trunk has a huge selection of Zombie make-up, prosthetics and latex. Call 250-868-8254. One piece of trivia. Several years ago, Tickle Trunk did my makeup and costume for a Halloween event (yes, it was a witch) and it was absolutely unbelievable. I still have people comment on the make-up and costume from that year. Big thanks to Jason Richard of East Side Mario’s for his exceptional customer service. Lots of changes at Kelowna Spring Golf Course. Legends Classic Grill has received a complete refreshing as has the foyer and administration offices. Outside, the finishing touches are being applied to the clubhouse exterior. Five cultured stone pillars will be completed in the next month plus new paint and trim detail features. Plans to upgrade the interior next year will include the pro shop being gutted and the remaining washrooms and common areas also being updated. Along with thanking the community, Marie-Yvonne Cleaver, of La Belle Boutique, would like to let you know that the proceeds from her
Frank Lyman sale at the Ramada Hotel last fall have gone to help families in her native country of Haiti. With those funds, three children will have their schooling paid for a year, receive proper medical care and four families also received food supplies for two months. Call 250-860-6038. The Canadian Home Builders will host their annual Real Home Show this coming weekend April 8 to 10 at the Kelowna Curling Club. I will be judging along with Mayor Sharon Shepherd and MP Ron Cannan. The board of directors of the CHBA CO are Kevin Bounds, president (Edgecombe Builders); Rob Voros, 1st vice-president (AcuTruss Industries); Paul Guerette, treasurer (Grant Thornton) and directors Alf Leimert (OK College); Chuck Cullen (Team Construction); Lou Gauthier (Mara Lumber); Paul Donaldson (Kentland Homes); Mike Ohman (Beyond Audio); Brett Innis (Wilson M. Beck Insurance); Rob Siddon (Coast Wholesale Appliances); Shaun Weimer (Gienow Windows & Doors) and Terry Heinrich (Distinct Developments). Call 250861-3988. World renowned equestrian horse judge and trainer Geoff Teall will teach a clinic for local riders at Cattail Creek Farms April 11 to 13. Teall is best known as a
U.S. equestrian federal judge, lending his services to some of the largest shows in North American. Contact Katinka Marks at 250-878-6309; www. elitesporthorses.com. After a tremendous run of 18 years, Touchpoint at 202-1352 Ellis St., will close their office effective April 15. First with Moore & Associates Advertising & Design, later as Madhouse Creative and finally as Touchpoint Agency, current CEO Tammy Moore is pursuing other opportunities. Kudos to Perkins Restaurant and Bakery at the Ramada Hotel for raising more than $1,500 from the inaugural Free Pancake Day fundraiser on March 21. The first Kelowna Vaisakhi Parade is Saturday, 11 a.m., presented by the Okanagan Sikh Temple & Cultural Society, 1111 Rutland Rd. The Kelowna Tenpin Bowling Association has a new website—www.ktbatenpin.ca. Birthdays of the week: Happy 94th Alex Hunt (April 6); Garth Johnstone (April 6); Rose Klingspon (April 8); Ed Loeppky (April 10); Lesia Achtymchuk (April 10); Rienhold Gerl, Elks president (April 8); Jeff Kumagai (April 9); Victoria Fabling (April 2). Maxine DeHart is a Kelowna hotelier. 250-979-4546 firstname.lastname@example.org
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the excluded categories. Temporary foreign workers have access to the same remedial mechanisms as Canadians when it comes to labour and employment standards. Provinces and territories have primary responsibility for enforcement of labour standards and have offices that can assist all workers regarding fair pay, hours of work, rest periods and general working conditions. Workers should contact the appropriate authority in the province or territory they work in if they have concerns about their working conditions. Ultimately, the protection of the rights and entitlements of vulnerable foreigner workers in Canada might be better viewed as our collective responsibility so we should all be on the lookout for possible abuses. Robert Smithson is a labour and employment lawyer, and operates Smithson Employment Law in Kelowna. This subject matter is provided for general informational purposes only and is not intended as legal advice. www.smithsonlaw.ca
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emporary foreign workers in Canada have had numerous employment standards and administrative requirements in place for their protection. Effective April 1, 2011, a range of new safeguards came into effect. At a high level, the new safeguards comprise a deeper assessment of the genuineness of the job offer from the Canadian employer, a two-year period of ineligibility from hiring temporary foreign workers for employers who fail to meet their commitments, and a fouryear limit on the length of time some temporary foreign workers may work here. Job offers to temporary foreign workers will now be assessed taking into account the genuineness of the job offer, the consistency of the job offer with the terms of any federal-provincial/territorial agreement, the history of the employer in hiring temporary foreign workers over the previous two years, and the length of time that the foreign national being hired has worked in Canada. The assessment of genuineness will look specifically at whether the employer is actively
mit applications or being deemed ineligible to hire foreign workers for two years and having their name displayed on a government web site. Many temporary foreign workers will now be subject to a four-year ‘cumulative duration’ limit on the length of time they may work in Canada. This regulation is not retroactive—the clock starts ticking on April 1, 2011, for all temporary foreign workers, regardless of how long they have already been in Canada. The four-year limit may not, however, include periods during which the foreign worker was on an extended unpaid leave, on parental leave, or was unemployed. After a foreign worker has reached his or her four year cumulative duration limit, he or she will not be granted another work permit in Canada for an additional four years (after that time has elapsed, the worker will again be permitted to work here). Numerous categories of foreign workers will be exempt from the four year cumulative duration regulation, so federal web sites should be consulted for
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engaged in the business, whether the job offer is consistent with the needs of the employer, whether the employer is reasonably able to fulfill the terms of the job offer, and whether the employer has previously complied with applicable laws regulating employment in the jurisdiction where the worker will be employed. For live-in caregivers, the assessment of genuineness will also consider whether the caregiver will be residing in a private household in Canada and providing child care, senior home support care or care of a disabled person in that household, whether the employer will provide adequately furnished and private accommodations in the household, and whether the employer has sufficient financial resources to pay the caregiver the wages offered. Employers who have failed to meet commitments as promised in past job offers and who have failed to provide reasonable justification or to rectify the situation by providing appropriate compensation to the former employee may face the refusal of work per-
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Published on Apr 5, 2011