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 Gilda Villaran As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past year. So many, in fact, that it has been hard to keep track of all the new legislative and regulatory amendments and new administrative measures. Yet another important change to the Temporary Foreign Workers Program […]
By Kyla Stott-Jess A recent Alberta court decision indicates that health problems arising from systemic harassment in the workplace can be covered by workers’ compensation (WCB) insurance. This decision may have ramifications across Canada.
By Louise Béchamp Many employers’ policies preclude them from providing reference letters. Other employers have no policies. And yet others have policies but do not consistently apply them. The Court of Appeal of Québec’s recent decision in Arsenault (Succession de) v. École Sacré-Cœur de Montréal (available in French only) should give Canadian employers pause for […]
By Keri Bennett We all know employees across Canada have an obligation to participate in the accommodation process. That extends to providing proper medical documentation. If an employee fails to provide such documentation, surely he or she could be disciplined. Not necessarily. Notwithstanding the employee’s obligation to participate in the accommodation process, an Ontario arbitrator […]
By Nicola Sutton In December 2013 we reported on the allegations faced by the Miami Dolphins that one of its players had been bullied and harassed by his teammates, an issue faced by many employers. Sometimes these issues are complicated when a complaining employee has been or is an active participant in the complained-of behavior. […]
By Hannah Roskey When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted employer policies intended to protect confidential information can indeed be strictly enforced. In Steel v. Coast Capital Savings Credit Union, the court upheld the dismissal of […]
By Eowynne Noble In 2008, Ontario’s Human Rights Code was revised to specifically permit Ontario courts to award damages for breaches of the Code. Before this, it was only the Human Rights Tribunal that had jurisdiction to award damages for human rights violations in Ontario. Since then, Ontario plaintiffs have made many attempts to obtain […]
By Édith Charbonneau and Antoine Aylwin One of your unionized employees files a complaint for psychological harassment and requests to access your investigation report several years later. When you refuse, the employee turns to the Quebec information and privacy board to get that access. But does the information and privacy board have jurisdiction, or could […]
By Ian Campbell It seems to be increasingly difficult to justify terminations for cause—even when an employee is found to have engaged in serious misconduct.
By Rosalind H. Cooper As we reported earlier this year, Canadian courts are being asked with increasing frequency to expand the definition of “workplace” under occupational health and safety legislation.