Category: Northern Exposure

Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.

Justice system failed the victims of Radiohead stage collapse

by Norm Keith On September 5, 2017, Justice Nelson of the Ontario Court of Justice stayed all charges against the accused in the deadly stage collapse at the Radiohead concert in Downsview Park on June 16, 2012. These charges under the Occupational Health & Safety Act (OHSA) are the latest in a series of serious regulatory […]

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Walking the line between termination and resignation

by Hannah Roskey For Canadian employers, navigating the distinction between resignation and termination can be tricky. If an employee resigns, there is no entitlement to severance. If an employee is terminated without cause, the employer is on the hook for termination pay (and possibly severance pay in Ontario and the federal jurisdiction). The recent Alberta […]

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Advertising before recruiting: Strict Canadian requirements when hiring foreign workers

by Arlin Sahinyan In Canada, hiring foreign workers comes with certain administrative hurdles for employers. Most employers need to obtain a Labour Market Impact Assessment (LMIA) from government authorities, which aims to show that there is a need for foreign workers (as opposed to hiring Canadians for the job). Before recruiting any candidate, employers must […]

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The importance of respecting confidentiality clauses in termination agreements

by Alexandra Meunier In Canadian labor relations, parties commonly enter into termination agreements in order to settle grievances and avoid any future litigation. Such agreements may contain confidentiality clauses. However, what happens when a party does not strictly respect the content of a confidentiality clause? This is the question that was submitted to the arbitrator […]

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Double dipping: Can employees get severance plus pension or disability benefits upon termination?

by Julie Robinson Employees in Canada are usually entitled to receive reasonable notice of termination or pay in lieu of notice unless fired for cause. But if the employees receive pension or sick leave payments during the notice period, are they entitled to both their regular salary in lieu of notice and such pension or […]

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Say it ain’t so: Simply stating document is ‘privileged’ doesn’t mean it is

by Hannah Roskey and Katie Clayton Maintaining the privilege of a document is a fundamental aspect of any litigation. The Canadian legal system is premised on the search for truth, which, by default, requires parties to disclose relevant documents to one another in the course of litigation. This is the case in traditional civil actions […]

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When working notice just doesn’t work

by Jacqueline Gant For employers shutting down operations, providing working notice is often the best way to reduce severance amounts owed. Except when it’s not. In McLeod v. 1274458 Ontario Inc., an Ontario court confirmed that working notice is appropriate only for employees capable of working during the notice period. Facts The employer sold furniture […]

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Genetic information is off limits!

by Michael Adams Medical examinations of future and present employees are commonly required by Canadian employers to verify a person’s capacity to do the work. However, Since May 2017, however, federally regulated employers can no longer require that future and present employees undergo genetic testing or disclose the results to determine, for example, whether they […]

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Do waves of collective dismissals constitute a single collective dismissal?

by Paul Côté-Lépine In a number of Canadian jurisdictions, when conducting a collective dismissal or mass termination, an employer will have significant obligations that include giving increased notice of the collective dismissal or providing payment in lieu of and equivalent to that notice. In a number of Canadian provinces, legislators have enacted a precise definition […]

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Clarification not required when accepting disabled employee’s resignation

by David G. Wong In its recent decision in Razo v. Essilor Canada, 2017 BCHRT 133, the British Columbia Human Rights Tribunal dismissed the argument that an employer could not accept the resignation of a long-term disabled employee without making further inquiries. In this case, the complainant, Helen Razo, filed a complaint alleging discrimination on […]

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