Practical HR Tips, News & Advice. Updated Daily.
Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
by Marie-Gabrielle Bélanger In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction?
by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]
by Cathy Chandler In 2005, Ontario became the first jurisdiction in the world to enact proactive legislation designed to establish policies and programs to promote the provision of services to people with disabilities in five areas: customer service, employment, information and communications, public transportation, and design of public spaces. The Accessibility for Ontarians with Disabilities […]
by David G. Wong When is a suspension not a suspension? Sounds like the start of a bad joke. However, in a recent decision, the Supreme Court of Canada explained that in certain circumstances a suspension will be deemed to be a termination.
by Kyla Stott-Jess Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence?
By Olivier Lamoureux In Séguin v. Dessau Inc., a tribunal, the Commission des relations du travail (CRT), upheld the dismissal of an employee who had behaved in a vexatious manner toward a subordinate he was enamored with. The dismissed employee had refused to collaborate in the employer’s investigation into an incident of psychological harassment.
by Andrew Bratt and Megan Rolland Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context […]
by John D.R. Craig, Christopher D. Pigott, and Brandon Wiebe In the January 2015 decision of the Supreme Court of Canada in Saskatchewan Federation of Labour (SFL), the Court found, for the first time, that Canadian workers have a constitutional “right to strike.” In reaching this conclusion, the Supreme Court overturned almost 30 years of […]
By Alexandra Meunier and Yves Turgeon In the financial services industry, the status of insurance and financial product sales reps is often in question. Are they employees or independent contractors? No matter what part of Canada you’re in, it is important to get it right.
by Bonny Mak Waterfall There’s good news for Canadian employers in the federal sector—those engaged in federal works and undertakings such as airlines, airports, railways, banking, interprovincial transportation, and telecommunications. For many years, employers in Canada’s federal sector understood that they did not have the right to dismiss employees without cause unless such termination was […]