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 William Duvall After years of consultations, the Canadian government has announced significant changes to the legal framework for federally regulated pension plans. In addition, proposed changes to the Income Tax Act would affect all defined benefit plans whether regulated federally or provincially. While we can’t cover all the contemplated changes in this article, we […]
As we have reported before (January 6, 2009, December 2, 2008, and August 26, 2008), Wal-Mart has repeatedly been dealt blows by Canadian courts and other decision-makers. Most recently, an arbitrator in Quebec has weighed in – and it’s more bad news for Wal-Mart in Canada. Wal-Mart’s store in Jonquiere, Quebec, was certified by the […]
By Lesli Sheinberg and Isabelle Dongier When do foreign workers need to obtain a Canadian work permit? The rules often are misunderstood, and that misunderstanding can lead to complicated situations for employers and foreign workers. Sometimes the workers learn of the work permit requirement only upon arrival in Canada, and that can result in many […]
Human Resources Development Canada (HRDC) reports that wage settlements in unionized companies this year (January to August 2009) have averaged 2.4 percent. The results are based on 237 agreements covering 632,000 employees. Wage adjustments are averaging 2.5 percent in the public sector and 1.9 percent in the private sector. See www.hrsdc.gc.ca/eng/labour/labour_relations/info_analysis. The spread between public- […]
By Stephen Acker and Julia Kennedy Gone are the days when a white-collar job always meant going into the office and occupying a cubicle from 9 to 5. New information technology and network capabilities have made the home office and telecommuting, if not commonplace, at least attainable for many. Employers have realized that they can […]
A British Columbia Court of Appeal decision has worrisome implications for companies that control elements of the operations of subcontractors or franchisees. Although it was about a franchise situation in B.C., it could have repercussions in other provinces and other business relationships. What happened In 2005, there was a robbery of a Petro-Canada service station. […]
It has been just over a year since the Supreme Court of Canada (SCC) issued its decision in Keays v. Honda Canada Inc. (Read our analysis of the court’s decision in that case). That decision mandated a change in Canadian courts’ approach to awarding damages in employment cases. Damages for bad faith conduct by the […]
Should employees receive benefits coverage for time off due to cosmetic surgery? At least two Canadian labor arbitrators think so. In the most recent decision on point, North Bay General Hospital v. Ontario Nurses’ Assn. [2009] OLAA No. 47, 181 LAC (4th) 179 (Stephens), an employee was awarded sick pay coverage for time off while […]
by Katie Clayton and Farrah Sunderani Over the past couple of years, human rights legislation across Canada has undergone a period of transition. This comes as a response to growing dissatisfaction with outdated statutes and the lengthy processes in place to resolve complaints. Amendments to the British Columbia Human Rights Code were proposed in 2002 […]
By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]