Minimum Wage Within The Catering Industry

The recent economic slump within global community and the slow economic recovery locally has perpetuated a sharp rise in the cost of living across the board, which has hit groups within the middle to lower income earners particularly hard. The above has perpetuated the recent rise in Union action in relation to compensation and benefits attached there to.

For many years the catering industry has by and large escaped the reach of the law in terms of labour matters such as minimum wage. However disputes surrounding labour issues are on the increase within this industry. Such disputes pose a particular risk to restaurant and catering businesses, of which a huge number fail within the first year of business alone purely on the basis of lack of revenue, add to this the current economic climate and the increase in Union action, the risk of failure increases dramatically.

A prominent issue that must be canvassed in relation to labour disputes of this nature is the definition of an employee. The definition has been constructed so widely that essentially a person does not require an employment contract to qualify as an employee. This means that such people may be entitled to certain benefits even though they lack a formal employment contract.

A very difficult and uncertain position arises in relation to the payment of minimum wage of waiters. Waiters were initially described as "contract waiters" in terms of their employment description. Recently the description has changed to "commission work", note that the aforegoing should not be confused with the terms "independent contractor" or "causal worker". The law seems to be open to interpretation in relation to what constitutes minimum wage in this context. In essence there are two possible interpretations: the first being that a commissioned worker needs to be paid minimum wage exclusive of any commission, in other words the employee is paid a basic and gets to keep any commission; the second possible interpretation is that minimum wage is inclusive of any commission which essentially means that the party in question remuneration will be constituted by setting out a set amount as the wage and then any amount earned over and above that amount constitutes commission. The difference between the former and the latter simply that in the former situation the party will earn R x as a basic and will get to keep any commission/tips earned. Under the latter construction the party wage is R x and the commission will only be payable in the amount that is earned over Rx. Thus if the wage is R 1200, should the party only earn R 200 in commission they will only receive R 1200 however if they earn R 2000 they will get R 600 commission.

The ultimate consideration under the context of minimum wage for prospective restaurant owners is simply the sustainability of paying such over a long period of time, given the fact that restaurants generally have massive fluxuations in their revenue, it is advisable to hire an attorney to draft the employment agreements for all staff so that the contracts are tailored to best protect the businesses financial needs.

Know More About The Recent Changes In UAE Labour Laws

To assist accommodate the present shifts in the global market and to help in recovering Dubai's and the UAE's as a whole, economies, the Ministry of Labour has issued numerous Ministerial Decrees, changing the UAE Labour Laws. The goal to these modifications is to tackle the free movement of expatriates in the region and to make sure that their rights are a lot more severely upheld.

One of the new modifications relates to the Wage Protection System that was established over the course of 2009-2010. In the event of non payment of salary all personnel of private sector companies have the right to call either the Ministry of Labour's toll free number to anomalously lodge a complaint against their employer for unpaid salary or to report an online application with their labour card, direct to the Offices of Wage Protection. The Offices of Wage Protection will conduct an investigation into the establishment and why salaries have not been paid.

As from January 2011 all skilled and professional workers will be exempt from the requirement of getting a No Objection Certificate ("NOC") from their employer to allow them to transfer their sponsorship and work permit. All skilled workers will be from January 2011 exempt from the six month labour prohibition. All other non-skilled workers would be required to complete 2 years of employment before they to would be able to also change employer freely, without the requirement of a NOC. These changes must exponentially increase the movement of the skilled work force but will still prohibit those without the required education certificates. The changes come in conjunction to changes in fees for work permits and the reduction in length for which a work permit would be valid from three years to two years.

The above should not be confused however, with the twelve month employment prohibition which will still have effective, irrelevant of length of service or a NOC. This ban is placed on employees who violate their employment contract, such as leave a fixed term contract during its term.

These changes are necessary to make sure that the labour market has the chance to spread their skills as required and to not reprimand employees who hope to move from companies whereby their treatment is far from perfect.

These changes are necessary to make sure that the labour market has the chance to spread their skills as required and to not reprimand employees who hope to move from companies whereby their treatment is far from perfect.

Sample Paralegal Cover Letter - These Tips Can Make a Big Difference

If you are applying for a paralegal position, it is a good idea to search for a sample paralegal cover letter to get you started. There are thousands of sample paralegal cover letters out there, but the task falls on you to find the best one that will be the most suitable guide for your personal cover letter. The World Wide Web makes it that much easier to find what you are looking for. It is as simple as searching "How To Write a Paralegal Cover Letter" into a search engine and watching what happens. Google yielded 73,900 search results alone. Now that you have uncovered the treasure trove of sample paralegal cover letters, you must find the one that will most help you.

Keep in mind that there are sample paralegal cover letters for new paralegals and experienced paralegals alike. Both are your initial contact with your potential employer and therefore should be clear, concise, and professional. In addition, chances are that your potential employer, or whoever is in charge of hiring new personnel, are extraordinarily busy. Therefore, you should refrain from using a sample paralegal cover letter full of filler content that will contribute to quantity as opposed to quality.

A sample should never be simply copied and pasted and used as your own work. Chances are that employers have seen several of those on a daily basis. Also, you shouldn't always trust websites, as there is always the chance that the sample paralegal cover letter contains grammatical errors and typos. Employers want to see your own work and get to know your writing style and the work, which you are capable of performing. Therefore, a sample paralegal cover letter should be used as a guide to highlight your own personal qualities. You should find a sample paralegal cover letter that has a format, which includes your name, address, date, the name of the person that you are contacting as well as their title, the company to which you are applying and a professional salutation.

For a new paralegal, look for an example with a format that will highlight more of your education, personal qualities, and work ethic, rather than experience, since your work experience is likely limited. For an experienced paralegal, try to find a format that highlights your work experience, skills, achievements, and how you would contribute positively to their company. Stay away from samples that tend to repeat the format of a resume and focus on selling yourself as an employee and as an individual.

If you are fortunate enough to have your letter read, you do not want to ruin it with a lack-luster conclusion or worse yet, leaving it out altogether. The closing paragraph is as important as the body of the letter, as it contains important information. It is your opportunity to thank your potential employer up front for their time and consideration. It is also the venue in which you leave your contact information should a face to face interview be warranted, as well as where you include that references are also available upon request before you close your letter.

It is important to find a sample paralegal cover letter that includes all of these key points for you to write a successful, meaningful and memorable letter.

Sex-Selective Abortion and Female Infanticide in Developing Countries

Women have been classified as members of household and should therefore remain there. This view on females has been widespread and is largely stereotypical. Gender discrimination transpires in most countries, developing countries in particular, and seems to be viral in effect making girls as the most victims.

One of the most demoralizing events in the lives of girls and women in developing countries is being discriminated. Millions of individual tragedies have become the result of such incident. As a fact, studies reveal that there is a direct connection or bond between a country's approach toward women and its social and economic development. Hence, the condition of women is fundamental to a society's situation.

In 2010, the United Nations Development Program has released a report stating that Asia leads the highest male-female sex ratio at birth in the world. Meanwhile, sex-selective abortion and infanticide leaves a track of 96 million missing women in some countries. This goes to show that even before birth, women are being discriminated.

Female infanticide is the deliberate killing of baby girls due to male baby preference of parents, as may have been dictated by the society where they belong. Low importance accompanied by the birth of females also has bearing in female infanticide. In intense cases, baby girls are being killed long enough even when they are still on the mother's womb because of the common notion that girls are servants of household.

With the advent of technologies, determining the gender of fetus has become a lot easier. Sex-selective abortion then happens to female fetuses because of male baby preference.

Cultural norms play important roles in gender discrimination. It is because people tend to follow the trends and practices in the community where they belong. There are few countries who give more importance to males as they refer to them as "assets" of the family because they can earn and support the family for a living. Females, on the other hand, are tagged as "liabilities" of the family because they will only marry and will not be able to contribute to the earnings of their family.

One of the unending repercussions of unsuccessful sex-selective abortion is abuse. Girls are more open to possibilities of abuse when parents failed to terminate or stop the conception of girl fetus. Physical harms follow the lives if girls throughout their lives which most of the time become the primary reason of psychological implications or trauma.

Think You're a Victim of Workplace Bullying?

If you think you are the victim of workplace bullying you can feel as though you are isolated and alone, having to sort out all the problems yourself. You may feel you've done something to deserve the actions, or that perhaps it is just their management style and you're with someone who is a strong leader, and all you need to do is pull your socks up and live with it.

However if you're feeling panicked, or worried before you go into work, or you feel a surge of adrenaline every time you need to talk to the person the behaviour is stemming from, then you are most likely being bullied and need to address it before it affects your work, your health, and the overall well being of not only you, but everyone you come into contact with. When your life is negatively impacted it begins a ripple effect. You may find that others in your company are also being treated a similar way by the same manager or boss, and it's endemic at work.

It's really important to collect and collate all the information of any incidents, from recollections of what has happened to copies of emails and any written notes. Most bullies are very good at hiding evidence and not making anything too overt, which often adds to the problem as you feel you can't pin down exactly what is going on. Writing down events helps build a case should you need to go to mediation, or even court.

It's a good idea to read up on why people do bully. Learning to read those behaviours and why people do it helps you to become more attuned to what is going on and how to best manage it. Some people are more likely to be targets than others. If you've got abuse or hurt in your background you can often be more of an easy target and also often less likely to report it. Education helps you start to stand your ground a little more confidently.

Most companies have policies on how to best deal with workplace bullying including who to contact and how to report it. It's a good idea to ask to see the cope of this policy, especially if the person you directly report to is the person causing the problem. Once you have a plan of action you'll be ready to face your bully and do something to solve the problem.

Child Labor Law Guidelines

There are laws in place to ensure that children have the opportunity to receive an education before joining the work force. Many high school students seek out jobs in an effort to become more financially independent and learn to support themselves, however their supervisors must adhere to the strict regulations in place to monitor the amount of time minors spend working. Any management found disregarding child labor laws may be facing serious penalties. If you or someone you love has been subjected to illegal working conditions, you may be able to take legal action against the responsible party.

Information about Child Labor Laws

Each state has its own laws in place to oversee the specifics regarding child labor laws, although there are federal regulations that are the same in every state. These generally pertain to children who are under a certain age, although this number may fluctuate depending on the location and type of work. The Fair Labor Standards Act, or FLSA, says that youth 14 and 15 years old:

May not work during regularly scheduled school hours May not work more than three hours on each school day May not work more than eight hours each weekend day May not exceed 18 hours of work during the school week or 40 hours during a non school week May only work between 7am and 7pm during the school year or 7am and 9pm during the non school months

Once a child has reached the age of 16, he or she is exempt from child labor laws. It is important to note that these restrictions apply only to non-agricultural work. Restrictions for agricultural employees may be slightly different.

Contact Us

For more information regarding child labor laws and your legal rights, contact the Houston employment attorneys of the Ross Law Group.

3 Ways to Get a Good Worker Compensation Lawyer

A good workers compensation attorney is important to safeguard the workers' interests in incidences when a mishap happens and they would need to get the rightful compensation for it. The compensation will cover the financial losses that result from the inability to work after the accident or injury.

So how do you find a good workers compensation attorney to represent your staff when a mishap happens?

1. Ask lawyer acquaintances and family members

Those who are in the line would most likely be able to recommend some friends or colleagues who specialize in workers compensation. Lawyers have close rapport among themselves even if they do not practice in the same field. So don't hesitate to ask a divorce lawyer if he or she knows any good workers compensation attorney.

2. Get advice from the union

The local union is able to give you some references even if you are not a part of the union. The recommendations given are usually good. Just note down the contact details and get in touch with the recommended attorneys.

3. Ask the bar association

This would be the best source for you to get recommendations.

When making a decision, find out the success rate of the lawyer. Conduct a background check before making a decision, and then only confirm the services of that lawyer. Do not ever make a payment before performing a background check. During the meeting with the lawyer, observe if you are comfortable with the working style of the attorney. You'd be able to tell if you would feel comfortable simply by interacting and discussing with the lawyer.

A good workers compensation attorney will be able to quickly understand the details of your case and get to the core of the problems that you are facing. He or she would also be able to dispense valuable advice and have a good background and adequate experience in representing workers in similar situations. A good attorney should also be able to make you feel comfortable during the proceedings of the case as well as be competent enough to be able to get the rightful amount of compensation.

Why Do I Need a Conveyancer?

A conveyancer, surprise surprise, is someone who is concerned with 'conveyancing'. This essentially means the legal transfer of 'title' from one person to the other. For those still furrowing their brow and squinting at the computer, a 'title' is a legal term which refers to the 'bundle' of rights that come with property ownership. When you own a piece of property this has to be defined so that you know your precise rights - the bounds of your premises most likely for instance, as well as whether you can refuse entry, sublet, make alterations etc. This serves as your evidence of ownership, but also outlines the details of that ownership. It is distinct however from 'possession' which is a part of ownership but not on its own legally binding or descriptive. In some cases possession and title are transferred separately.

This is of course a highly complicated and difficult procedure and using a conveyancer - also known as a conveyancing solicitor - can help you greatly to make this process go smoothly and to ensure that the property is successfully and completely transferred to your name.

There is an increase recently in the number of people trying to do their own conveyancing, and it is certainly true that there is technically no reason why you cannot do your own conveyancing. However if you should try to, and you are not aware of all the facets and details surrounding your bundle of rights, then it can potentially lead to problems.

When you first hire a conveyancer, they will initially outline their term and conditions and what they will do on your behalf. The main thing they will do here is to coordinate the various parties involved in this transfer and that will mean corresponding between you and those parties.

From here you will then have to sign a ream of paper work, and conveyancers here will follow a very specific procedure to ensure that each document is correctly filled out and at the correct time. If you attempt to do this yourself, and if you should miss out some important documents, then you might find that you actually end up not fully owning your property in a legal sense - and this can of course lead to a range of problems if you find yourself facing other legal problems.

Your conveyancer will be able to flag up any potential problems which might crop up during the transactions. For instance if paperwork hasn't been registered properly, if paperwork is missing, or if there is some kind of dispute regarding boundaries (in which case they may use land surveyors in order to help you more definitely define the bounds of your new home).

It is also important for all involved parties to be checked in case they are attempting to use property transaction as a cover for various crimes. Your solicitor can then run the checks necessary with each institution to ensure that the transaction is legal, and that you aren't being taken for a ride. A great added benefit is also that conveyancers are insured against potential losses the transaction might incur which can help to make this a stress free process.

Basic Tenets of Construction Law

If you have planned to build a home, for yourself or as an investment property, you are likely more concerned about finding a reputable contractor and crew than worrying about whether or not you need a lawyer. In truth, there are concerns in construction that may require the guidance of a lawyer who concentrates in this practice. As implied, construction law deals with matters relevant to the construction of homes and commercial properties. It's good to know the basics if ever a project of yours comes under scrutiny.

Here follows some of the things a construction lawyer does.

Contracts - A lawyer with a concentration in construction law can help with the negotiation of a contract for the land on which the home or building in placed. If you have concerns about the ownership of the land under your building, you may need such legal assistance. Builders' liens - When a contractor, subcontractor, or workers on a particular project claims a lien, he/she is basically claiming payment for a job - typically a renovation. The person or entity that holds the title to the property is then responsible for paying the claim. If there are disputes involving a builders' lien, you may wish to contact a construction lawyer for assistance. On-site personal injury - While one can find a number of lawyers who concentrate in personal injury practice, construction lawyers do provide assistance in cases where injury happens on a construction site or during a building repair or renovation. Because these situations may differ from other situations like car accidents, you may wish to retain the services of a lawyer with experience in construction law. Insurance claims - Construction lawyers also provide counsel in some insurance cases. If your property is damaged following a fire or storm or theft, and there are issues with the insurance claim, an attorney with a concentration in construction law may be able to help you.

Do you need a somebody with experience in construction law to assist you as you build up your residential or commercial property? You may not need somebody onsite every day, but it is a good idea to have a name and number handy in the event you foresee any type of legal dispute that concerns your building. Whether you have a disagreement over land ownership or with the contractor in charge of your product, having good representation can make the process happen more quickly.

An Employees Guide to Overtime Wage Claims

Many employers do not pay employees properly. In most years, the Department of Labor receives approximately 35,000 complaints from employees about unpaid wages or benefits. These are some tips to make sure you are being paid properly.

Keep a record of your hours independent of those that your employer may keep. Many employers fail to have adequate record keeping systems so it is often your word against the employer's word; and you are given the benefit of the doubt. If the Company has a policy and procedure manual, review it and keep it in a safe place at your home or office. Read what it says about hours and overtime pay. If your Company is not following its own policy, talk to someone at HR about it. For example, some companies have a policy that overtime must be authorized by a supervisor. If you are working overtime without authorization, you may not be able to enforce your claim. If your Company routinely assigns overtime work and you want it but do not receive it very often, make notes about who gets the overtime. This could be the basis for a discrimination complaint if, for example, overtime is only given to white males and the workforce is more diverse. If you are paid more than $455 per week and not paid overtime for work over 40 hours per week, your job duties may not qualify your employer to exempt you from overtime. There are a number of exemptions to overtime laws for executives, administrators, or professionals, however it makes sense to find out if you have been properly classified. For example, if you have no hiring or firing authority, if you do not supervise two or more employees or if you have no authority to make independent decisions that affect the management of the company you are working for, you may not be exempt no matter what title your employer gives you. "Executive Administrative Assistant" does not mean you are an exempt employee if your job duties are limited to answering phones, typing letters and ordering office supplies. Do not wait to make a claim once you believe you are not being paid properly. In most cases, overtime wages can be recouped for two years. In cases where the employer can be shown to have known he was not paying his employees correctly and was doing it anyway, you may be able to go back three years. But do not wait more than two years since your claim may be lost. As soon as you become aware that you are not being properly paid you should tell your employer. If he does not remedy the problem or if he gives you an explanation that you do not believe is accurate you should consult with an attorney. If you complain, do it in writing. Write an email or a memo or a letter to your employer and date it. If it is dated or time stamped there is no way the employer can later claim he was not aware of the claim. Do not be arrogant or confrontational or make threats about filing a lawsuit if you make a claim. If the employer is sophisticated he will generally know what will happen if he fails to remedy the problem. If the employer genuinely believes, for example, that you are exempt, he should look into your claim, consult his lawyer and get back to you with an explanation. If you are not satisfied with his explanation, consult with your own lawyer. Not all cases of exempt employees are black and white. If your employer changes your job duties to include supervision of two or more employees or otherwise tries to make you an exempt employee after you have complained, you should let him know that you are still entitled to past overtime wages for the period you were misclassified. If all else fails, sue your employer if he refuses to pay you properly or if he terminates you. Retaliation is unlawful and will entitle you to a variety of damages in addition to your overtime wages. You do not have to bring your claim to the Department of Labor or to the EEOC. You can go straight to court. Before you consult with an attorney, collect all your papers and made a detailed list of the hours worked in each week in which you claim you are entitled to overtime pay.

What Is a Labor Law Poster?

We have all seen Labor Law posters in our break rooms or bathrooms. These are usually about 3ft x 2ft poster. Have you ever read what it actually says on it? Do you know why is it so important for every business to have it posted?

Well, here are some important points about the requirements of Labor Law postings. Lets start with where do they come from and who mandates them. OSHA (Occupational Safety & Health Administration ) requires every business in the United States, that has employees, to post employee rights in a conspicuous place. Some rights are mandated by Federal law, and others by State law. Every state is required to post Federal employee regulations.

You DO NOT need to post employee regulations ONLY if: 1. you have no employees 2. you have only contract employees or volunteers 3. your business is family owned.

There are 9 required Federal postings. Some of them are: -Equal Employment Opportunity is the Law -Federal Minimum Wage 2009 -Employment and Reemployment Rights Act -Employee Polygraph Protection Act -Anti-Discrimination Notice and some others.

State requirements are different in every state. If your business contains 10% or more Spanish (as their native language) speaking employees and is located in the following states AZ, CA, FL, GA, NM, NC, NY, TX you are required to post employee regulations in both English and Spanish language. However, this rule does not apply to any other languages.

Did you know that The Employee Polygraph Protection Act of 1988 (EPPA) prevents employers from using lie detector tests, either for pre-employment screening or during employment with certain exemptions? Employers generally may not require or request any employee to take a lie detector test, or discriminate against an employee, or job applicant who refuses to take a test, or for exercising other rights under the Act. Every employer is required to display the EPPA poster in the workplace for their employees.

Another interesting fact: an employer is not allowed to discriminate a person because of his/her age during hiring. (Equal Employment Opportunity is the Law)

All these laws have to be displayed and all of the employees must have access to them. Knowing your rights is a vital part of every employee to employer relation.

Top 5 Questions For Those Injured On The Job

California injured workers face an uphill battle in their workers compensation cases ever since the work comp reforms of 2004 and 2012. Without a workers compensation attorney, the deck is stacked against the injured worker. There are many questions facing an injured worker, however I will narrow them down to five for this work comp article. These are the questions which generally come up in the early stages of a workers comp case.

How will I pay my bills while I'm on work comp? If you've been injured at work and are temporarily unable to return to work because of your workers compensation injury, you may be entitled to workers compensation benefits. If your work injury case is accepted by the insurance company, you will receive temporary disability benefits. Workers comp temporary disability benefits range from a minimum of $206.17 to $1010.30 as of 2012. Work comp temporary disability is not related based on two thirds of your average weekly wage. If your claim is denied or on delay, your workers compensation attorney can help you collect state disability insurance while your workers comp claim is being litigated. All California workers pay into the state disability system unless you have a private short-term or long-term disability policy.

The employers work comp doctor says nothing is wrong with me, what do I do? Early in most workers comp cases the injured worker will see an industrial medical doctor. Most of these doctors work for the employer and insurance company directly. In order to get repeat work comp business, they must do their bidding. Think about it, they only have to deal with the injured worker once but have to deal with the insurance company forever. A work injury lawyer can assess the opinion of that first doctor and how it relates to your workers compensation injury. If you are not receiving the upper level of work comp care, a knowledgeable workers compensation attorney can direct you to a work injury doctor who will properly assess your workers compensation injury. Most work comp insurance companies have medical provider networks which are complicated to navigate. An experienced personal injury attorney can help you through this.

I received a list of three doctors in the mail from the state, what do I do? If you do not have a workers comp attorney you will be required to use a doctor from a state panel. Unless you have years of regional workers compknowledge this is a dangerous prospect for you as the lists are full of defense oriented workers compensation physicians. If the insurance company objects to the findings of your work injury physician or you ask for a panel of doctors, immediately seek the advice of a work injury attorney before you pick a doctor on that list. Once you have seen a doctor on that list and you do not have an attorney, you're stuck with that doctor's opinion. Before you see a doctor on that list, seek the advice of an experienced local work comp attorney first.

The workers compensation insurance company says I have a work comp injury but I get no disability money? Often times the insurance company's doctor will find that you have an injury that gives you little or no disability. A workers compensation lawyer can help you obtain a second opinion within the workers compensation insurance company medical provider network as you are entitled to three opinions within that network. A work injury attorney can also help you obtain an opinion to and including medical examiner for a state panel qualified medical evaluator.

I have a work comp injury but received a denial letter from the workers compensation insurance company, what do I do? If your claim is denied, the insurance company will not be paying you any work comp benefits unless the situation changes. You can litigate your work comp case yourself, but I would advise against it unless you happen to be a workers compadjuster or have similar years of knowledge. If your claim is denied, it is considered essentially worthless by the insurance company. So by hiring an experienced local workers comp attorney or personal injury attorney you have nowhere to go but up. A work injury lawyer can obtain medical evidence you are going to need in court to find that denial or negotiate a fair settlement.

Immigration Lawyers - What Are They Good for?

When I checked my inbox this morning I found a very important email from an organization of immigration professionals which I belong to.

In fact, this email is so crucial to my ability to practice immigration law that I forwarded it to all of my staff, saved it in our firm's electronic address book, and printed it for inclusion in the binder that sits on my desk right by my telephone.

Yet, the truth is that this email makes me feel like I am a silent partner in a bit of a deception being perpetrated on the public by CIC. Let me explain.

Citizenship and Immigration Canada clearly takes great public pride in the amount of information and resources it provides to the public through its website and call centre. CIC boasts that "All the forms and information that you need to apply for a visa are available for free on this website."

Therefore, it's no wonder that in the website's FAQ, the answer to the question: "Do I need an immigration representative to help me apply?" is a "no."

The public is told that "The Government of Canada treats everyone equally, whether they use a representative or not."

Will your case be processed more quickly if you hire a representative? CIC advises that "If you choose to hire a representative, your application will not be given special attention by the immigration officer."

Is this really true? Is all the information you need really out there? Do you need a lawyer? Would it make any difference if you have one? Put another way: are people who are using lawyers and consultants to handle their immigration applications just throwing away their money?

I hate answering these questions since doing other people's immigration work is how I make my living. People would be justified in being sceptical about my answers to these questions.

But the truth is "all the information you need" is not really out there and, yes, in many cases a lawyer or consultant's involvement can spell the difference between success, delay, or abject failure.

The information at cic.gc.ca is general in nature and cannot possibly contemplate the infinite factual scenarios that applicants might present when applying. Furthermore, the agents at the call centre cannot and do not provide callers with legal advice. It is simply not in their mandate to do so. Instead, they give "general information on the CIC lines of business... provide case specific information, and accept orders for CIC publications and application kits."

In other words, they can't tell you what you 'should' do when confronted with obstacles or strategic decisions to make.

Also, if you encounter a problem that needs to be escalated, which is not uncommon, you will find precious little information on the CIC website as to where to direct your complaint or question.

Not so with immigration professionals.

The email I received this morning is an update of CIC's protocol on how immigration professionals should direct their queries. The correspondence contains the email address for every Canadian visa post overseas and the names and email addresses of the immigration program managers at each of those offices. It tells us how, and to whom, to direct case-specific enquiries to the Case Management Branch in Ottawa and when and how to follow up if we do not receive a timely reply. It provides instructions on how to direct communications relating to quality of service complaints, situations involving possible misconduct or malfeasance of immigration officers, procedures, operational and selection policy, and processing times and levels.

To my knowledge, this information is not shared with members of the public. CIC's failure to publicise this information does not reflect preferential treatment for those who are represented. Instead, it is simply an acknowledgement that immigration professionals do, and have always, played a vital role in making an overburdened and under-resourced program function at all (if not function well).

Sharing this information with the public would result in an avalanche of correspondence being directed at senior officials who are spread out so thinly that they could never get any other work done.

It is true that, except in exceptional and deserving cases, hiring a lawyer or consultant can't get an application moved from the back of the line to the front of the line. Also, an officer will not approve an applicant who is not qualified just because he or she is represented. However, it is also true that an honest and experienced representative won't clog up the system by submitting an application that simply won't fly.

Furthermore, professionals who specialize in this area know the process and know how to avoid errors that cause delays. They know how to sift through mounds of convoluted facts and properly and convincingly document and present the salient ones in order to establish the basis for the approval of the application quickly and efficiently.

CIC doesn't like to acknowledge the positive role lawyers and consultants play in making its bureaucracy work for the public. It is loath to see us as partners in delivering the immigration plan it is given annually by Canada's immigration minister of the day.

That's ok... this morning's email is all the acknowledgement I need.