Tag: Canada Labour Code

Canadian government enhances maternity leave benefits, proposes to strengthen harassment and violence prevention

by Clayton Jones On November 9, the federal government announced that changes to the Employment Insurance (EI) program relating to parental, maternity, and caregiving benefits will come into effect on December 3. The EI program provides temporary income support to partially replace lost employment income to individuals who are off work for various reasons. On […]

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A win for employers: Supreme Court rejects union’s effort to obtain right of consultation in accommodation process

by John Craig and Matthew Larsen Do unions have an independent legal right, separate and apart from their collective agreement rights, to be involved in every unionized employee’s accommodation request? This question was answered earlier this year by the British Columbia Court of Appeal, which ruled that unions have no such right. Recently, in Telecommunications […]

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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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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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Blurred lines: Managers may have right to bargain collectively

by Valérie Gareau-Dalpé In several jurisdictions across Canada, the issue of unionization of managers and supervisors is a thorny one. In many cases, unionization is restricted to “employees,” a definition from which managers are excluded. In the province of Québec, the exclusion is based partly on the potential for conflicts of interest in having managers […]

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Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

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Further clarification on ‘unjust’ dismissals

By Louise Béchamp As we reported previously, employers in Canada’s federal sector have had the right to dismiss employees without cause with one caveat. Only if the dismissal was not “unjust” within the meaning of section 240 of the Canada Labour Code. In Wilson v. Atomic Energy of Canada, the Federal Court of Appeal determined […]

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Not all changes equal constructive dismissal

by Mathias Link Employers throughout Canada find it challenging to anticipate exactly when a particular unilateral change to the terms and conditions of employment will be a breach of the employment contract, and thus a constructive dismissal, or whether the change will be reasonable such that an employee is obligated to accept the change or […]

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Insuring long-term disability insurance

by Richard E. Johnston In Canada, benefit plans are subject to legislation related to income tax, human rights, and employment standards. However, there is little specific regulation of benefit plans other than pension plans. A key exception is the provision of long-term disability benefits that are not funded under an insurance contract—at least for federally […]

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Employee Class Actions May Become More Common in Canada

By Brian P. Smeenk Class actions in Canada for unpaid overtime or other employment claims have met with mixed results in the past. Now the rules of the class action game – at least in the employment context – may be a little clearer. On June 26 the Ontario Court of Appeal issued its decisions […]

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