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 Kyla Stott-Jess In Canada, it is well-established that employers cannot simply terminate employees whose work performance is negatively impacted by disability. Rather, an employer must attempt to accommodate the employee to the point of undue hardship. But what happens when the employee fails to notify the employer of his disability? Further, what accommodation does […]
by Gilda Villaran There have been many changes to Canada’s immigration program in the past two years. The result? Hiring temporary foreign workers in Canada is more complex than ever before.
by Monique Orieux Last year in Northern Exposure we shared five key lessons about Canadian employment contracts arising from the trial court’s decision in Miller v. Convergys CMG Canada Limited Partnership. The British Columbia Court of Appeal recently issued its decision in the case: Miller v. Convergys CMG Canada Limited Partnership, 2014 BCCA 311. Its […]
by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]
by Mohamed Badreddine There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least […]
By Clayton Jones When confronted with information that an employee may be abusing paid sick leave, it is only natural for an employer to want to investigate further. One way in which employers may do this is through the surreptitious surveillance of the employee. However, such surveillance is of limited value unless the employer will […]
by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.
by Marc Ouellet The issue of overtime has become a major concern for employers in the wake of class actions on the subject in Canada. The Québec Act Respecting Labour Standards (ALS) provides exemptions from the right to overtime including for employees in managerial positions. In Skiba v. Playground, L.P., the Court of Appeal of […]
by Hannah Roskey In a recent decision, a Canadian appellate-level court confirmed that employee misconduct discovered after a without-cause termination may be relied upon by an employer in support of a later argument of just cause for termination.
By Isabelle Dongier As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past 18 months. Amendments to the Immigration and Refugee Protection Regulations were introduced in December 2013 to make it tougher and more costly for Canadian employers to hire foreign workers.