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 Mark Colavecchia The duty to accommodate is one of the most difficult issues Canadian employers regularly face. While courts across the country have attempted to define the scope of an employer’s legal obligations with a workable degree of certainty, the practical application of the duty to accommodate remains complex and problematic. The issue is […]
By Kyla Stott-Jess Canadian employers that fear large jury awards in wrongful dismissal cases can breathe a little easier in the wake of a recent Alberta Court of Appeal decision. In Elgert v. Home Hardware Stores Ltd., the court of appeal said a $500,000 jury award for aggravated and punitive damages in a wrongful dismissal […]
By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]
By Lyne Duhaime and Ross Gascho If your company is both the sponsor and administrator of a pension plan in a Canadian province other than Quebec, you should take note of the recent Ontario Court of Appeal decision in Re Indalex. Although the case deals with competing claims in insolvency and deficits in wound up […]
By Ian Campbell and Justine Connelly The evolution of privacy rights in the Canadian workplace continues. In recent months we have updated you on court and labor arbitration decisions that have commented on employee privacy rights. An individual employee tried to take her rights one step further when she sued another employee for invasion of […]
By Gilda Villaran In our December 20, 2010, article, we discussed the ways to become a permanent resident of Canada. In this article we will briefly explain how to keep this status. In contrast with Canadian citizenship, which in principle lasts for life, permanent resident status can be lost if the person doesn’t meet the […]
By Lorene A. Novakowski Another recent Canadian case dealing with collection of personal information about employees, this time through surveillance, emphasizes the importance of good employment policy language for Canadian employers. In Toronto Catholic School Board v. Canadian Union of Public Employees, Local 1280, [2011] O.L.A.A. No. 180, the question was whether surveillance tape evidence […]
By Brian P. Smeenk How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds? In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That […]
By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]
By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole. In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]