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 Gulu Punia What’s an employer in Canada to do if an employee loses a required qualification? For example, if drivers lose their licenses? If professional employees lose their accreditation? Is there a requirement to provide notice or pay in lieu of notice of termination? A recent appeal court decision in Ontario suggests that in […]
By Ralph N. Nero and Keri L. Bennett Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways. Like many provincial governments have done, the federal government has repealed provisions under the Canadian Human Rights Act that […]
By Lyne Duhaime In most Canadian jurisdictions, employers are limited in retroactively reducing pension benefits. The Quebec Superior Court recently considered employers’ rights in this regard in Synertech Moulded Products, Division of Old Castle Buildings v. Tribunal Administratif du Québec et al. The court ordered the Quebec Regulator to register pension amendments proposed by the […]
By Brian P. Smeenk As we all contemplate our personal goals for next year (have you, too, promised yourself to work out more?), what resolutions should you make for your business in Canada? Your CFO might urge the normal resolutions of cutting back on consumption or reducing your size. But maybe there are some more […]
By Brian P. Smeenk Canadian labor arbitrators are not legally bound to court-made legal rules. Rules of evidence, for example, are more relaxed. Rules of contract interpretation may also vary. But just how far arbitrators can deviate from general rules of law has been an open question. A recent decision by the Supreme Court of […]
By Clayton Jones and Derek Knoechel A growing frustration for Canadian employers is the need to defend against human rights claims arising out of the same factual circumstances in multiple forums. Discrimination claims that are presumptively dealt with by a labor arbitrator can resurface as virtually identical claims before a human rights tribunal. While most […]
By Isabelle Dongier Canadian employers must always ensure that their foreign employees are duly authorized to work in the country and remain so authorized during the complete period of their stay. To do so, employers can renew their employees’ work permits. But beware — these renewals are fraught with delays and technicalities. The following outlines […]
By Hadiya Roderique The Supreme Court of Canada recently considered whether the Canadian Human Rights Tribunal has the authority to award legal costs to a successful complainant. As we noted in an earlier bulletin, this case could have major ramifications in human rights litigation across Canada. Complaint Donna Mowat brought a human rights complaint against […]
By Marisa Victor and Yael Wexler An employment contract can provide certainty and protection for both the employer and employee. But what happens when it comes time to renew it? A recent Ontario case shows what can go wrong when an employer offers an existing employee a revised contract in order to address performance or […]
By Rosalind Cooper Recently, courts across Canada seem to be expanding the application and coverage of occupational health and safety legislation, providing broad and liberal interpretations of legislation. But that may be changing. The decision in Ontario (Ministry of Labour) v. Sheehan’s Truck Centre Inc. is being welcomed by many as an indication that the […]