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 Paul Côté-Lépine In a number of Canadian jurisdictions, when conducting a collective dismissal or mass termination, an employer will have significant obligations that include giving increased notice of the collective dismissal or providing payment in lieu of and equivalent to that notice. In a number of Canadian provinces, legislators have enacted a precise definition […]
by David G. Wong In its recent decision in Razo v. Essilor Canada, 2017 BCHRT 133, the British Columbia Human Rights Tribunal dismissed the argument that an employer could not accept the resignation of a long-term disabled employee without making further inquiries. In this case, the complainant, Helen Razo, filed a complaint alleging discrimination on […]
by Nicole Singh Canadian employers who provide inaccurate or misleading information during the hiring process can be held liable for their broken promises. The recent decision of the British Columbia Court of Appeal in Feldstein v. 364 Northern Development Corporation is a stark reminder that a negligent misrepresentation during the hiring process can be costly. […]
The year 2017 may be remembered for its significant changes in matters of labor and employment across Canada. Several jurisdictions are amending their labor and employment regimes, including the federal government. With the introduction of Bill C-44, the federal government has adopted significant reforms to the Employment Insurance Act and the Canada Labour Code. While federally […]
by Andres Miguel Pareja The Canadian government recognizes that when companies can thrive and grow, they create more jobs. In an attempt to help innovative companies grow, flourish, and create jobs for Canadians, Immigration, Refugees and Citizenship Canada (IRCC) launched the new Global Skills Strategy on June 12. This program gives employers a faster and […]
by Rosalind H. Cooper A recent decision of the Supreme Court of Canada in Stewart v Elk Valley Coal Corp., 2017 SCC 30, has confirmed that employers have the ability to take disciplinary action against employees for drug and alcohol use in safety-sensitive workplaces. The worker in this case was employed in a mine where […]
by Shane Todd Can a Canadian employee sue an employer for harassment that is not related to a discrimination claim? The answer used to be “no.” But that’s changing. In most jurisdictions across Canada, an employee could sue or file a human rights application for harassment related to unlawful discrimination. An employee could file a […]
by Sophie Arseneault and Christian Paquette In Canada’s most populous province, labor and employment matters are governed by two fundamental statutes: the Employment Standards Act (ESA) and the Ontario Labour Relations Act (LRA). The ESA sets out minimum rights and obligations of employers and employees in the province. The LRA governs a host of matters […]
by Hannah Roskey When contemplating acquiring the assets of a company in Canada, the purchaser will engage in extensive due diligence to ensure it is making a sound investment. These searches almost always include inquiries with the Workers’ Compensation Board (WCB) in the relevant province. A poor result, with outstanding claims and high premiums, might […]
by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]