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 Sara Parchello Many employers are trying to reorganize operations in order to survive this economic downturn. As Canadian employers know, a substantial change in an employee’s job functions can lead an employee to make a claim for constructive dismissal. This can result in significant liabilities when you can least afford it. How far can […]
by Katie Clayton and Jennifer Shepherd Figuring out an employee’s entitlements upon termination can be tricky in Canada. It can be an even trickier exercise for commissioned employees. For example, are employers required to pay employees commissions for deals that close after they are terminated? Unless the employment contract explicitly states otherwise, the answer is […]
by Derek Knoechel Morley Shafron sold his Vancouver-based insurance agency business in 1987 for $700,000 in cash and shares. He became a shareholder and director of the surviving company and agreed to provide management services. The agreement included a non-competition clause that would take effect if he left the company. The clause would prohibit him […]
by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]
by Gilda Villaran U.S. companies doing business in Canada often have to send some of their U.S. employees on business trips to Canada. When making arrangements for a trip to Canada, immigration requirements for admission into Canada are certainly not what the U.S. employer thinks about first. On the contrary, at the very last minute, […]
by Stephen Acker and Leanne Fioravanti More exotic modes of transport may need to be explored as Ottawa, Canada’s capital city, struggles with relentless snow storms and a highly controversial bus strike. Unfortunately there is no end in sight as the OC Transpo transit strike enters its second month in mid-January. This transit strike demonstrates: […]
by Karen Sargeant The United States is not the only country being hit by increasing unemployment rates — Canada is being hit, too. Although not as high as unemployment figures in the US, Canadian figures put unemployment at 6.6%. So where is Canada being hit the most? The following statistics from the Labour Force Survey […]
by Derek Knoechel In 1990, a 21-year-old woman was caught shoplifting. She then pleaded guilty to a charge of theft, receiving a conditional discharge. Some five years later, she applied for a position with the Montreal police force. So began a 13-year legal odyssey culminating in a Supreme Court of Canada decision (Montréal (City) v. […]
by Dominique Launay Five weeks ago, we told you about an unfair labor practice complaint against Wal-Mart in Saskatchewan, arising out of its closure of a store in Jonquiere, Quebec. Well, it seems that Saskatchewan isn’t the only province in which Wal-Mart is being dealt blows. The Quebec Labor Relations Board has also recently ruled […]
by Derek Knoechel Sophisticated employers in Canada recognize that the potential costs associated with employee turnover extend far beyond the cost of replacing departing employees. Departures can also place critical business assets at risk. A departing employee may engage in the unauthorized use or disclosure of confidential information ranging from technological know-how, product roadmaps and […]