Category: Northern Exposure

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

Canadian corporate directors may be liable for unpaid wages

by Louise Bechamp A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay.

Workplace health through a new lens: steps to promote psychological well-being

by Cathy Chandler The workplace can play an essential role in helping individuals maintain positive mental health. However, it also can be a stressful environment that may contribute to mental health issues and illness. In a 2009 study three out of 10 Canadian employees reported that their work environments were not psychologically safe or healthy. […]

‘Poor’ employer’s termination obligation not reduced

by Hannah Roskey There has been some controversy in Canadian law on the issue of whether the financial circumstances of the employer should play a role in deciding what constitutes reasonable notice of termination or pay in lieu of notice. Since multiple factors go into deciding what’s reasonable in many circumstances, why not this one? […]

Project manager sentenced to 3.5-year jail term in Metron swing stage collapse

by Norm Keith, Christina Hall, and Shane Todd “… [A] significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive […]

An abbreviated case for cause

by Keri Bennett We all know litigation is expensive. That’s particularly true when an employer seeks to justify a for-cause termination. But there may be an alternative to protracted litigation. In Cotter v. Point Grey Golf and Country Club, the British Columbia Supreme Court proceeded in an abbreviated way. It recently allowed a for-cause termination […]

Investigations by lawyers: Privileged, or not privileged, that is the question

by Monique Orieux In Canada, an employer may retain a lawyer to conduct a workplace investigation, particularly where the issue under investigation is of a sensitive nature. One reason for doing so is to attempt to keep the investigator’s notes, supporting documents, and final report from being disclosed to a third party as privileged. However, […]

Disability benefits claimant abandoned job

by Shane Todd Disability claims management is never easy. It is particularly difficult when employees refuse to provide enough medical information to substantiate their absence and entitlement to benefits, while also refusing to return to work. The decision in Betts v. IBM Canada Ltd., 2015 ONSC 5298, provides guidance to employers dealing with such cases. […]

New year, new accessibility obligations

by Jackie VanDerMeulen Establishing proactive measures to ensure accessibility is becoming common ground in Canada. Ontario has the Accessibility for Ontarians with Disabilities Act (AODA). Manitoba is in the process of rolling out similar legislation, which will start impacting the private sector in 2018. British Columbia is in the process of rolling out its Accessibility […]

Managing the risks posed by distracted driving

by Carla Oliver We’ve all seen it. Maybe when looking around while stuck in stop-and-go traffic on a highway. Maybe when noticing that a car in front of us doesn’t move when the traffic light turns green. It’s the distracted driver—texting away on his or her handheld device instead of paying attention to the traffic […]

B.C. Court of Appeal addresses termination and severance issues

by Kevin O’Neill, Q.C. In Canada, in Hall v. Quicksilver Resources Canada Inc., 2015 BCCA 291, the British Columbia Court of Appeal addressed two important termination and severance issues: 1. In the sale of a business, when and how do an employee’s years of service continue to bind the purchaser? 2. What is the proper […]