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Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
by Clayton Jones Does a poor economy mean a shorter reasonable notice period? Canadian employers often ask this question—particularly in cyclical industries. When assessing reasonable notice, courts will consider the employee’s position and responsibilities, length of service, age, and the availability of similar employment. Not only has it been unusual for courts to consider negative […]
by Marc Ouellet Do employers in Canada have absolute discretion when it comes to probationary employees’ performance evaluations and whether or not to maintain employment after the probationary period? In Union des employées et employées de service, section locale 800 v. Limocar Estrie Inc. (available only in French), where the business in question was unionized, […]
by Marc Rodrigue In February, the province of Ontario appointed the Honorable John C. Murray, a former judge of the Ontario Superior Court of Justice and management-side labor lawyer, and C. Michael Mitchell, a former union-side labor lawyer, as special advisers tasked with reviewing both the Ontario Employment Standards Act, 2000 (ESA) and the Ontario […]
by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]
by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]
by Alexis Charpentier The right to privacy is constantly evolving. And that has implications in the workplace. Just how far employees’ privacy rights extend is constantly at issue. Recently an arbitrator in Quebec had to decide whether employees’ privacy rights extended so far that they could object to their employer’s decision to post their photos, […]
By Christopher Pigott In a previous article, we reported on the Supreme Court of Canada’s “New Labour Trilogy,” a set of three landmark constitutional law decisions released in January 2015 that raised questions about basic aspects of Canada’s labor relations system. Unsurprisingly, the decisions sparked a huge debate in the Canadian labor law community as […]
by Thora A. Sigurdson On June 11, the sections of the Strengthening Canadian Citizenship Act dealing with the residence requirements for citizenship came into effect. These sections apply to individuals who have obtained permanent resident status in Canada and want to apply for Canadian citizenship. In general terms, it will take longer and require a […]
by Christian Paquette Did an employer discriminate against a single mother when it required her to work the regular shift rotation job she’d applied for? An Alberta court was recently asked to rule whether an arbitrator was right in deciding against the employer. The court in SMS Equipment Inc. v. CEP, Local 707 agreed that […]
by Karine Fournier In Quebec, in Unifor Québec et Moulage sous pression AMT inc., a grievance arbitrator confirmed that the employer had the right to temporarily film certain areas of the workplace when there had been several reports that employees were sleeping during the night shift.