Category: Northern Exposure

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

You said what? Hiring interview comments prove costly for employer

by Nicole Singh Canadian employers who provide inaccurate or misleading information during the hiring process can be held liable for their broken promises. The recent decision of the British Columbia Court of Appeal in Feldstein v. 364 Northern Development Corporation is a stark reminder that a negligent misrepresentation during the hiring process can be costly. […]

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More employee benefits on the horizon for Canadians

The year 2017 may be remembered for its significant changes in matters of labor and employment across Canada. Several jurisdictions are amending their labor and employment regimes, including the federal government. With the introduction of Bill C-44, the federal government has adopted significant reforms to the Employment Insurance Act and the Canada Labour Code. While federally […]

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IRCC launches Global Skills Strategy to aid in hiring highly skilled workers outside of Canada

by Andres Miguel Pareja The Canadian government recognizes that when companies can thrive and grow, they create more jobs. In an attempt to help innovative companies grow, flourish, and create jobs for Canadians, Immigration, Refugees and Citizenship Canada (IRCC) launched the new Global Skills Strategy on June 12. This program gives employers a faster and […]

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Discipline for off-duty cocaine use justified in safety-sensitive workplace

by Rosalind H. Cooper A recent decision of the Supreme Court of Canada in Stewart v Elk Valley Coal Corp., 2017 SCC 30, has confirmed that employers have the ability to take disciplinary action against employees for drug and alcohol use in safety-sensitive workplaces. The worker in this case was employed in a mine where […]

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Broader workplace harassment claims: Is Canada becoming more litigious?

by Shane Todd Can a Canadian employee sue an employer for harassment that is not related to a discrimination claim? The answer used to be “no.” But that’s changing. In most jurisdictions across Canada, an employee could sue or file a human rights application for harassment related to unlawful discrimination. An employee could file a […]

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Ontario labor and employment laws to undergo significant amendments

by Sophie Arseneault and Christian Paquette In Canada’s most populous province, labor and employment matters are governed by two fundamental statutes: the Employment Standards Act (ESA) and the Ontario Labour Relations Act (LRA). The ESA sets out minimum rights and obligations of employers and employees in the province. The LRA governs a host of matters […]

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Clean slate: Purchaser not bound by poor WCB record of company it acquired

by Hannah Roskey When contemplating acquiring the assets of a company in Canada, the purchaser will engage in extensive due diligence to ensure it is making a sound investment. These searches almost always include inquiries with the Workers’ Compensation Board (WCB) in the relevant province. A poor result, with outstanding claims and high premiums, might […]

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Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]

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Court refuses to put the brakes on random drug and alcohol testing – for now

by Rachel Younan The Ontario Superior Court of Justice has declined to grant an injunction that would have suspended the Toronto Transit Commission’s (TTC) ability to implement its random drug and alcohol testing policy. In Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2017 ONSC 2078, the court concluded that there was a serious […]

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Upgrading your occupational health and safety management systems

by Cathy Chandler Two workers die each day in Canada from a work-related accident or disease. Hundreds more experience a work-related injury, according to the Association of Workers Compensation Boards of Canada 2015 Statistical Report. The statistics are not improving significantly despite an increased focus from regulators, unions, and industry associations on improving occupational health […]

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