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 Isabelle East-Richard Throughout Canada, whether under article 2088 of the Civil Code of Québec in Quebec or the common law elsewhere, employees have a duty to act faithfully and honestly toward their employer once the employment relationship has ended. That is the case even when there is no noncompetition clause in an employment contract. […]
by Marisa Victor and Christopher Copeland Can a Canadian employee who is fired for cause sue for outstanding bonuses? What about if those bonuses relate to the period of the employee’s wrongdoing? This was the issue in Mady Development Corp. v. Rossetto, when a terminated executive sought to claim his bonuses for a period when […]
by Gilda Villaran Fraud in Canadian citizenship applications has been a concern. Following an investigation by police and the Canadian border agency, the Immigration Minister announced on September 10 that Citizenship and Immigration Canada (CIC) is proceeding to revoke the citizenship of 3,100 people who obtained it by fraud. The discovery of this amount of […]
by Kyla Stott-Jess Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc. Rather, […]
By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]
by Sara Parchello While the summer has come and gone, employees’ photos of their summer activities may not be. If employees post those photos on Facebook or similar sites, employers may be confronted with just what employees did with their time over the summer. And what if, on a day an employee called in sick, […]
by Emilie Paquin-Holmested Generally when employees decide to leave their jobs, they are considered to have quit. But in Canada, if they leave their jobs because the employer substantially changed essential terms of their employment, they are considered to have been constructively dismissed. The line separating these two notions is often unclear. It’s especially so […]
by Karen Sargeant and Clayton Jones Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate. The Court of Appeal […]
by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]
by Rosalind H. Cooper Employers and others are generally protected by actions against them that occur outside of limitation periods. That applies to charges under Canadian occupational health and safety legislation, too. But when do those limitation periods begin to run? A recent decision of the Ontario Court of Justice in R. v. Corporation (City […]