Category: Northern Exposure

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

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 […]

Legal haze: accommodating employees who use medical marijuana

by Kyla Stott-Jess One of the hot topics discussed during the recent Canadian federal election was the possible legalization of marijuana. The Liberal Party, which won the election, took a position in favor of legalization as part of its platform. As the country waits to see whether the new government will put forward legislation to […]

BYOD: privacy issues for Canadian employers

by Lorene A. Novakowski Bring Your Own Device, or BYOD, programs are increasingly popular in Canada, as they are in the United States. Under a BYOD program, employers require or expect employees to use their own mobile devices for business purposes. The practice raises privacy concerns as well as concerns about ownership of company data […]

Incentive plan entitlements on wrongful dismissal

By Richard E. Johnston In Canada, the wording of incentive plans can have a significant impact on the payments required on termination without cause. This point was highlighted by three Ontario decisions earlier this year.

New penalties in Canada’s temporary foreign worker regime

by Isabelle Dongier Last year, Canada’s federal government introduced changes to the Temporary Foreign Worker Program (TFWP). The changes were intended to encourage employers to put more effort into hiring Canadian workers by making it more difficult and expensive for them to hire temporary foreign workers. The changes have done just that. Adding to that […]

Project manager convicted of criminal negligence

by Norm Keith and Shane D. Todd As another reminder of the importance of health and safety in all workplaces all across Canada, we report on the continuing legal saga involving the December 2009 fatalities at Metron Construction. On June 26, 2015, Vadim Kazenelson, the project manager overseeing a construction project for Metron, was found […]

Employers required to give employees time off to vote

By Stefan Kimpton It’s almost election day in Canada. On October 19, Canadians will head to the polls to elect the new federal government. Employers with employees in Canada should be aware of their obligations on election day.