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 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 […]
By Kyla Stott-Jess and Katie Clayton Canadian courts have been reluctant to allow random drug and alcohol testing in most workplaces. The issue was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against its new proposed drug and alcohol testing policy.
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 […]
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 […]
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?
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 […]
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?
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 […]
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 […]
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 […]