Category: Northern Exposure

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

A deal or not? Lack of release not necessarily trouble for employer

By Karen Sargeant You’ve terminated an employee’s employment without cause and offered a reasonable package. You’ve negotiated a settlement, prepared the settlement documentation, and paid out the severance. You thought you dotted all your i’s and crossed all your t’s, but you forgot one crucial part – the former employee never signed the release you […]

Is sexual harassment discrimination if there is no evidence of differential treatment?

By Charles Harrison The answer to the question in the title is yes, a Canadian court confirmed recently. Sexual harassment is discrimination. Overturning a decision of the British Columbia Supreme Court, the British Columbia Court of Appeal recently clarified that evidence of unwelcome conduct of a sexual nature is alone sufficient to establish discrimination on […]

Layoff as constructive dismissal: a cautionary tale for employers

By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]

Employee who talks about settlement gets less

By Brian P. Smeenk It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers?

Employers on their own for compliance with health and safety orders

by Rosalind H. Cooper Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and […]

Pre-resignation training costs not recoverable

by Jennifer Shepherd Can Canadian employers who require employees to undergo training to upgrade their skills as part of their employment then seek reimbursement from the employee if the employee subsequently resigns?

Indefinite protection for federal employee disabled by work-related injury

by Nicola Sutton When the employment relationship becomes impossible to perform because of a factor outside the control of a Canadian employer or employee, the employee’s employment can be terminated by virtue of frustration of contract. When an employee won’t be able to return to work because of injury or illness, the same applies. But […]

Workplace computer porn: court rules employees’ privacy rights limit police

by Jennifer Shepherd On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant. Facts A […]

Managing the end to mandatory retirement

by Keri Bennett As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little. Human Rights Commission […]