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.
The Court of Appeal of Quebec recently overturned a decision of the Superior Court ordering former directors and officers to pay their ex-employer $3,185,148. The damages had been awarded for appropriating a business opportunity of the former employer and for having breached their obligations of loyalty and good faith under the Civil Code of Quebec. […]
A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]
What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a […]
by Bill Duvall At the best of times, employer-sponsored pension plans bring with them thorny administrative and legal problems. These issues multiply in an economic environment in which many such pension plans face funding problems while employers seek to reduce their costs. Many employers have attempted pension plan amendments to reduce funding pressures. One such […]
Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship. Canadian case law on this topic is just starting. There are only a few decisions where injurious blogging concerning workplace-related matters warranted […]
Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely […]
By Derek Knoechel As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired. But employers often don’t want to provide reference letters, and a reference letter can […]
by Katie Clayton and Farrah Sunderani In today’s economy it’s become commonplace for employers to terminate large numbers of employees at one time. Depending on the number of employees being terminated, an employer may fall under federal or provincial group termination provisions designed to protect employees and the local economy from an influx of terminated […]
by Ingrid Anton and Gilda Villaran In order to work in Canada, the general rule requires a foreign worker to obtain a work permit. There are certain exceptions to this rule. We present below the most common ones. Although some of the activities described below are normally considered “work” for immigration purposes, Canada’s immigration regulations […]
by Stephen Acker and Christopher Ferguson Letters of reference are understandably important to employees. For many employees, they are considered essential rather than a hopeful add-on to an application. A glowing letter of reference from a trusted source can sometimes tip the balance and lead to a hire. A bad or withheld letter, or one […]