Category: Northern Exposure

Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.

When Must Individual Contractors Receive Reasonable Notice?

By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means […]

Mandatory Retirement Being Retired across Canada

Mandatory retirement has a long and storied history as part of the Canadian labor system. As we enter 2010, it appears that a new chapter is being written, one in which mandatory retirement is the exception rather than the norm. In Canada, mandatory retirement developed along with the introduction of private and public pension plans. […]

Ontario Adds to Broad Canadian Harassment/Violence Laws

By Alix Herber Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require […]

Obtaining a Work Permit in Canada: The Labour Market Opinion Process

By Ingrid Anton and Isabelle Dongier As we mentioned in a November article, most foreign workers require a work permit to legally work in Canada. And to get a work permit for a foreign worker, the prospective Canadian employer must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills […]

Drug and Alcohol Testing – What’s Permitted in the Canadian Workplace

By Hadiya Roderique Last year we reported on a case where a Canadian employer was ordered to reinstate an employee who had tested positive for marijuana following a verbal altercation with his employer. Why? Because drug addiction is considered a disability in Canada. And individuals who suffer from addiction are protected from discrimination under human […]

Does Temporary Layoff Result in Right to Severance Pay?

By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]

Wal-Mart Allowed to Close Unionized Store: Supreme Court of Canada

By Marc Ouellet and Louise Béchamp On November 27, 2009, in two cases involving Wal-Mart (Plourde v. Wal-Mart Canada Corp. and Desbiens v. Wal-Mart Canada Corp.), the Supreme Court of Canada rendered its much-awaited decision on an employer’s right to close operations for alleged antiunion reasons. The Supreme Court decisions rule that Wal-Mart could close […]

When Employee Privacy and Social Media Collide

By Lyne Duhaime An IBM employee from Quebec made headlines last month when her disability benefits were cut off by the insurance company after it saw pictures of her on Facebook. Despite being off work for depression, the employee had posted photos of herself on vacation at the beach and at a Chippendale’s show. When […]

Federally Regulated Employees Required to Cross Another Union’s Picket Line

By Ida Martin Imagine there is a group of federal government employees that are engaging in a lawful strike. Because of the physical location of your workplace, your employees can’t get to work without crossing the picket line. Your workers are unionized and have decided they won’t cross the picket line of the striking federal […]