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 Hadiya Roderique Despite signs of a recovering economy, Canadian employers are still looking for ways to downsize operations and minimize human resources expenses. One cost-effective manner is to give working notice when terminating an employee. What is working notice? Working notice is an alternative to paying out a lump sum upon dismissal. The employee […]
By Lorene Novakowski and Derek Knoechel As was noted in an earlier article here, the Ontario Superior Court of Justice recently certified a class action against the Bank of Nova Scotia (BNS). That lawsuit claims $300 million in unpaid overtime involving approximately 5,300 BNS sales staff: Fulawka v. Bank of Nova Scotia (Fulawka). Certification means […]
By Ingrid Anton and Isabelle Dongier In our January 4 article, we discussed the usual process for getting a work permit for a foreign employee entering Canada: obtaining a Labour Market Opinion (LMO). The LMO process can be complex, lengthy, and very demanding for employers. Fortunately, several exemptions exist that can provide you with a […]
By Sara Parchello Overtime class actions in Canada aren’t dead. If you thought that last year’s court decision refusing to certify the class action against one of Canada’s largest banks, CIBC, meant the death of such lawsuits in Canada, think again. These lawsuits — in which one or several employees act as a “representative plaintiff” […]
By Dominique Launay In Quebec, an employer may fire an employee with “reasonable notice” of termination or pay in lieu of notice unless there’s a contract dealing with termination or there’s “just cause” for dismissal (and save for specific statutory regimes). Like the rest of Canada, reasonable notice is determined on a case-by-case basis taking […]
By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]
By Derek Knoechel Canadian arbitrators have been dealing with the issue of how to deal with video surveillance of employees for over two decades. Early decisions dealt with off-site surveillance of employees suspected of faking or exaggerating illnesses. But countless battles have since been waged over the use of video surveillance cameras in and around […]
By Katie Clayton and Farrah Sunderani With the Vancouver 2010 Olympic and Paralympic Winter Games having just begun, there will be several implications on the workplace. Past Olympic cities have reported high levels of absenteeism – both approved and unapproved – for employees wishing to attend the events, partake in the activities, or volunteer. Employers […]
By Ralph Nero and Ida Martin As we reported last week, decision makers across Canada are struggling with the meaning of discrimination on the basis of family status. Last week we looked at a Human Rights Tribunal decision out of British Columbia. This week we look at a recent Ontario arbitration decision, Re Power Stream […]
By Dominique Launay Your employee is a single parent. He has to drop his children off at school each morning. They can’t be dropped off earlier than 9 a.m. He has to be back at the school by 5 p.m. to pick them up from their after-school care. He has no family to assist him. […]