Category: Northern Exposure

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

Once bitten twice shy: Greater scrutiny ahead for employees misclassified as contractors

by Jackie VanDerMeulen Organizations’ use of independent contractors (often also referred to as consultants) as opposed to actual employees has grown significantly over the years. This trend comes as no surprise in a changing economy where particular skill sets are required at specific times and where flexibility is a key driver of success. In some […]

Recent B.C. decision on secondary picketing at non-striking facility

by David T. McDonald About 15 years ago, the Supreme Court of Canada changed the law on secondary picketing in Canada. That decision, RWDSU Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, ruled that secondary picketing was generally lawful unless accompanied by wrongful conduct such as violence or blockading. This meant that […]

Justice system failed the victims of Radiohead stage collapse

by Norm Keith On September 5, 2017, Justice Nelson of the Ontario Court of Justice stayed all charges against the accused in the deadly stage collapse at the Radiohead concert in Downsview Park on June 16, 2012. These charges under the Occupational Health & Safety Act (OHSA) are the latest in a series of serious regulatory […]

Walking the line between termination and resignation

by Hannah Roskey For Canadian employers, navigating the distinction between resignation and termination can be tricky. If an employee resigns, there is no entitlement to severance. If an employee is terminated without cause, the employer is on the hook for termination pay (and possibly severance pay in Ontario and the federal jurisdiction). The recent Alberta […]

Advertising before recruiting: Strict Canadian requirements when hiring foreign workers

by Arlin Sahinyan In Canada, hiring foreign workers comes with certain administrative hurdles for employers. Most employers need to obtain a Labour Market Impact Assessment (LMIA) from government authorities, which aims to show that there is a need for foreign workers (as opposed to hiring Canadians for the job). Before recruiting any candidate, employers must […]

The importance of respecting confidentiality clauses in termination agreements

by Alexandra Meunier In Canadian labor relations, parties commonly enter into termination agreements in order to settle grievances and avoid any future litigation. Such agreements may contain confidentiality clauses. However, what happens when a party does not strictly respect the content of a confidentiality clause? This is the question that was submitted to the arbitrator […]

When working notice just doesn’t work

by Jacqueline Gant For employers shutting down operations, providing working notice is often the best way to reduce severance amounts owed. Except when it’s not. In McLeod v. 1274458 Ontario Inc., an Ontario court confirmed that working notice is appropriate only for employees capable of working during the notice period. Facts The employer sold furniture […]

Genetic information is off limits!

by Michael Adams Medical examinations of future and present employees are commonly required by Canadian employers to verify a person’s capacity to do the work. However, Since May 2017, however, federally regulated employers can no longer require that future and present employees undergo genetic testing or disclose the results to determine, for example, whether they […]