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Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.
By Alix Herber and Ian Campbell One of the hottest issues in Canadian employment law in the past two years has been overtime class-action claims. As we outlined in our October 7, 2008, entry, 2007 saw three overtime class-action lawsuits a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed […]
In October and November 2006, members of the United Food and Commercial Workers Local 401 were on strike and picketing at Palace Casino, located at one of Canada’s largest malls — West Edmonton Mall. Striking union members pointed a video camera at the entrance of the casino, recording the image of everyone who crossed the […]
For the last five years, two Wal-Mart big-box stores in Quebec have been the subject of certification applications filed by the United Food and Commercial Workers Union (UFCW). The first store to be unionized was located in the town of Jonquière. Wal-Mart decided to close down that operation in 2005 immediately after the union applied […]
One of the unfortunate outcomes of the current economic climate is that there are fewer jobs to go around for students. Summer and graduating students who have relied on summer jobs for experience and training are finding few opportunities out there. To solve this problem, many students and graduates are reaching out to companies to […]
By Katie Clayton and Farrah Sunderani If you include a termination benefit in a Canadian employment agreement, it is important to be precise. As discussed in previous Northern Exposure entries, employers in Canada must provide notice or pay in lieu of notice when terminating an employee without cause. This minimum requirement is legislated in employment […]
By Derek Knoechel and Lorene Novakowski Canadian provinces have workers’ compensation legislation that provides a no-fault system of compensation for injuries suffered on the job. The system covers lost wages, medical aid, and rehabilitation for the injured worker and generally removes the injured worker’s ability to sue the employer. The workers’ compensation system is funded […]
The recent decline in financial markets has caused Canadian pension plans to become significantly underfunded. For instance, in Québec close to 97 percent of all defined benefit pension plans are currently underfunded. As this continues, many employers may look for ways to reduce pension costs or at least offset increases of those costs. Such losses […]
ACME Insurance Company employs 500 employees and managers at its Toronto head office. They work in a pleasant, some might even say tranquil, office environment. In the 50-year history of the company, there has never been any hint of violent behavior in the workplace. To the contrary, some people find it too quiet there. Bawring, […]
By Leanne Fioravanti and Stephen Acker In these tough financial times, a number of companies are trying to reorganize themselves in order to avoid insolvency or bankruptcy. In Canada, there are several laws that help facilitate this process: the Companies Creditors Arrangement Act (CCAA) and the Bankruptcy and Insolvency Act (BIA). For the most part, […]
Managing absenteeism can be a significant challenge for Canadian employers. A wide variety of factual situations may be complicated by employment standards, privacy and human rights laws, as well as any applicable union agreements. An example of the potential challenges of implementing an attendance management program (AMP) is the decade-long battle between Coast Mountain Bus […]