Category: Northern Exposure

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

Canadian employers hit with record-setting occupational health and safety fines

By Norm Keith With the introduction of the Bill C-45 amendments to the Criminal Code of Canada, occupational health and safety regulation, prosecution and conviction have been on the rise across the country. Recently, Vale Canada Limited and Metron Construction were given record fines in occupational health and safety and criminal negligence convictions, respectively.

Allergies in the workplace can’t be ignored

By Eowynne Noble Peanuts, gluten, perfumes, smoke, and latex—we all know allergies to these and other substances are on the rise. And workplaces aren’t immune to the problem. More and more employees are suffering from allergies and sensitivities than ever before. To put it in perspective, Health Canada recently reported that up to four percent […]

Self-employed worker or salaried employee? Getting it wrong can be costly

By Myriam Robichaud You’re about to hire an employee. But he has his own business and wants to be an independent contractor. That way, he’ll pay less tax. And it’s easy for you too — you will just have to pay his invoices and won’t have to include him in your employee headcount. But wait. […]

Contracting out union work – comparing cases

By Brian P. Smeenk An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face […]

Employee convicted of criminal negligence

By Antonio Di Domenico On March 22, 2006, B.C. Ferries’ vessel the Queen of the North missed a scheduled turn causing it to run aground and sink off the northern tip of Vancouver Island. Fifty-seven passengers and 42 crew members abandoned ship before it sank. Two passengers were never found and were declared dead. On […]

Until death do us part: Attempts to reduce retiree benefits fail—for now

By Ralph Nero, Ross Gascho, and Keri Bennett As in the United States, some Canadian employers have attempted to eliminate or reduce post-retirement benefits in order to address escalating costs. In two recent cases, Canadian employers were found to be not entitled to reduce post-retirement health and life insurance benefits. Courts in both Ontario and […]

No more human rights forum shopping?

By Lindsey Taylor A few weeks ago, we reported on the recent decision in Baker v. Navistar Canada Inc., which confirmed that unionized employees aren’t able to bring employment claims to court. Rather, these claims must be brought within the framework of the special legal relationship between the union and the employer, either by way […]

Employees required to prove what they didn’t steal

By Kyla Stott-Jess A recent Alberta Court of Appeal case, 581257 Alberta Ltd. v. Aujla, is good news for employers. The court reversed the normal onus of proof, requiring the employees to prove that certain monies they deposited into their bank account were not stolen from their employer.

Silence as acceptance when company sold

By Keri Bennett Canadian employees may believe that a change in ownership of a company results in a change in the terms of employment and requirement for a new employment contract. Not so. In Whittemore v. Open Text Corporation, the Ontario Superior Court made it clear that the original terms of employment remained valid after […]

Employees’ smartphones as potential sources of evidence

By Antoine Aylwin and Edith Charbonneau Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les […]