Practical HR Tips, News & Advice. Updated Daily.
Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]
By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault So you’ve hired a new employee. Should you put it in writing? If so, what should it look like? What do you include? What is better left out? If you decide against an employment contract, what will the terms and conditions […]
This question can be a vexing one. Will disputes be resolved in the employee’s country of origin? In the country in which the employee is now working? In the country in which your head office is located? In the country in which the employment contract was executed? All of the above? And how will you […]
McCarthy Tetrault A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts. In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Imagine an employee […]
By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]
By Donovan Plomp of McCarthy Tetrault and Karen Sargeant, formerly with McCarthy Tetrault Spring will soon be upon us, and with it may come the urge to do some “spring cleaning” in the home and the workplace. This might mean ending an employment relationship that isn’t working out. In Canada, which has no concept of […]
by Daniel Pugen McCarthy Tetrault Workplace violence has become a hot topic among labor, employment, and health and safety regulators in Canada. Of course, workplace violence is hardly a new phenomenon. Certain workers like police officers have an inherent risk of workplace violence. Also, put enough people in an enclosed area under stressful conditions (i.e., […]
by Rachel Ravary McCarthy Tetrault No one can deny that security concerns have taken on monumental proportions in the post-9/11 era. Buzzwords like national security, homeland security, border security, supply chain security, perimeter security, and security threats have become part of our daily vocabulary. National security is also high on the list of priorities of […]
By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]
by Daniel Pugen McCarthy Tetrault It’s been a cold, wintry start to 2008 (at least in Canada). The cobwebs from New Year’s Eve have passed and New Years’ resolutions already have been broken. As February began, the groundhog indicated six more weeks of winter and Ontario employees were counting down the days until Family Day […]