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 Mohamed Badreddine Last chance agreements are a tool commonly used by workplace parties in Canada to give an employee accused of serious or repeated misconduct one last chance to keep his or her job. These agreements are sometimes used to manage an employee’s absenteeism, poor job performance, or drug or alcohol addiction. They may […]
By Katherine Pollock Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was. Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of […]
By Brian P. Smeenk Many Canadian provinces have in recent years transitioned to an expedited union certification vote system. Votes typically take place within five or 10 business days of a union application. From the perspective of Canadian employers, this is better than the previous “card check” system that was in place in most jurisdictions […]
By Antonio Di Domenico We know that Canadian courts are increasingly more willing to impose significant six- and seven-figure fines on employers convicted of criminal workplace negligence or occupational health and safety violations. Indeed, we reported on two recent examples—Vale Canada Limited and Metron Construction—where the companies were given record fines in these types of […]
By Bonny Mak Waterfall Minimum wage increases may not be quite as controversial in Canada as they appear to be in the United States, but the issue is certainly alive. Four Canadian provinces and one territory have announced increases to their minimum wage rates for 2014:
By Hannah Roskey Overtime class actions are alive and well in Canada. This was confirmed by a recent Ontario court decision. In Rosen v. BMO Nesbitt Burns Inc., a Superior Court judge allowed such a class action, brought on behalf of a group of investment advisers, to proceed.
By David G. Wong Until recently, the damages awarded by Canadian human rights tribunals, courts, and arbitrators across the country for human rights violations were relatively modest. In the past few years, we have seen those awards increase, although not to an outrageous level. But that might all be changing, as two recent decisions out […]
By Sébastien Gobeil We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have […]
by Brian Smeenk Regular readers of Northern Exposure are well aware of the breadth, depth, and strength of Fasken Martineau’s Labor, Employment, and Human Rights Group. Well, our Group just got even broader, deeper, and stronger. And thus even better in our ability to serve any client’s needs, no matter the complexity, urgency, or scope. […]
By Marc Rodrigue Like any contract, an employment contract can be legally “frustrated” and come to an end. Basically, this may happen when it becomes impossible for one of the parties to perform his or her end of the bargain. For example an employment contract can be frustrated when, because of an illness or injury, […]