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 Chuck Harrison In a recent Canadian case, the British Columbia Labour Relations Board addressed whether privacy rights entitle an employee disciplined for serious misconduct to remain anonymous in an arbitration award.
By Fréderic Parisien A Canadian employee may claim that his or her employment is constructively dismissed when his or her employer makes a unilateral change to a fundamental term or condition of employment without appropriate notice. What about a change in the employer with no other change? Surely that can’t be a constructive dismissal. Apparently […]
By Stephanie Gutierrez In a recent decision on family-status discrimination, the Federal Court of Appeal confirmed that employers in Canada are required to accommodate employees’ childcare obligations but not their voluntary parental choices, such as extracurricular or recreational activities.
By Alix Herber Inadequate investigation of employees’ discrimination complaints can expose employers to human rights damages. This is so even when employers do most things right.
By Rosalind H. Cooper In most provinces across Canada, occupational health and safety legislation requires that employers and other workplace parties report injuries and incidents to the appropriate government ministry. While most reporting requirements relate to workplace injuries, there are also requirements to report certain types of incidents regardless of whether there is an associated […]
By Deanah Shelly A few summers ago, Ontario employers were surprised by a monthlong young worker safety inspection blitz. During the blitz, Ontario Ministry of Labour inspectors visited 2,024 workplaces across Ontario and issued 5,862 orders. Of those, 105 were stop-work orders, forcing workplaces to stop production until they complied with the listed requirements. On […]
By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]
By Myriam Robichaud Most employers in Canada understand that when terminating an employee, reasonable notice of termination or pay in lieu of notice must be provided. While this principle appears simple, determining which elements of compensation must be included in pay in lieu of notice can be complicated.
By Thora Sigurdson As we reported earlier, in response to increasing concerns about the Canadian Temporary Foreign Worker Program (TFWP), Citizenship and Immigration Canada and Employment and Skills Development Canada (ESDC) have stepped up enforcement.
By Ralph N. Nero and Nicole R. Singh You’re about to terminate an employee’s employment without cause. He’s been with you for 30 years, earns $100,000, has a middle management position, and is 69 years old. He could retire with a full pension. Surely you don’t have to provide him with a severance package? Absolutely, […]