Category: Northern Exposure
Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
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 […]
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 […]
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 […]
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.
by Louise Béchamp With a Canadian federal election recently behind us, it is safe to say that politics has been a hot topic of discussion in some Canadian workplaces. A Quebec employer was recently reminded, at significant cost, that employees are entitled to express their political opinions at work and may not be fired for […]
by Nicole Singh In May 2015, the Human Rights Tribunal of Ontario issued an unprecedented decision when it awarded two temporary foreign workers more than $200,000 in damages for injury to dignity, feelings, and self-respect resulting from sexual harassment in employment.
by David McDonald In Canada, the Court of Appeal for British Columbia recently issued a decision narrowing the possibility for employers to use re-employment offers to support an argument that an estranged employee has failed to mitigate damages by refusing to come back to work.
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 […]
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 […]
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.