Category: Northern Exposure

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

Not all relapses are created equal

by Stephanie Gutierrez An addiction to drugs and/or alcohol is considered a disability in Canada. As such, employers in Canada often enter into last chance agreements with employees suffering from a drug or alcohol addiction. But does a last chance agreement always mean it’s the employee’s “last chance”? Not necessarily.

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 […]

Employment contracts, termination clauses, and itchy trigger fingers

by Bruce R. Grist As there is no employment at will in Canada, most employment lawyers in Canada who act for employers recommend that employers use employment contracts to govern the employee’s relationship with the employer. If there is an employment contract and the employer wishes to terminate the employee’s employment or the employee wishes […]

Occupational health and safety due diligence defense alive and well

by Rosalind H. Cooper A recent case involving charges against a company under the Ontario Occupational Health and Safety Act has confirmed that the defense of due diligence is alive and well. The defense of due diligence—which may allow employers to avoid a conviction under occupational health and safety legislation—can be difficult to establish. Even […]

Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.

Settling up: the need for specificity in employee releases

By Kyla Stott-Jess and Kyle Cadieux An employer in Canada would be forgiven for thinking that a release of liability related to employment would protect it from all future claims by that employee. However, a recent Alberta Human Rights Tribunal decision, Hutton v. ARC Business Solutions Inc., 2015 AHRC 7, suggests that the matter is […]

Case signals lower threshold for mental distress when cause allegation fails

By Thora Sigurdson The British Columbia Supreme Court recently awarded damages for mental distress in the context of a termination for cause. The decision in George v. Cowichan Tribes signals that it may be easier to establish such a claim when there is a just cause allegation that fails, compared with terminations without cause. It […]

Changes coming to union certification process for federally regulated employers

by Daniel Mayer On June 16, important changes regarding union certification and decertification for federally regulated employers in Canada will come into effect. The federally regulated sector includes interprovincial and international transportation companies, airlines, railways, banks, and employees who work for the federal government.

New work permit requirements apply whether employer is in Canada or U.S.

by Gilda Villaran Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse […]

The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]