Category: Northern Exposure

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

Blurred lines: Managers may have right to bargain collectively

by Valérie Gareau-Dalpé In several jurisdictions across Canada, the issue of unionization of managers and supervisors is a thorny one. In many cases, unionization is restricted to “employees,” a definition from which managers are excluded. In the province of Québec, the exclusion is based partly on the potential for conflicts of interest in having managers […]

Tech companies: Canada is open—here are some immigration considerations

by Gilda Villaran The Government of Canada prides itself on its positive attitude toward immigration and openly welcomes international talent. There are no restrictions preventing the issuance of work permits based on citizenship, and there is no reason to believe that Canada will change the way it views immigration in the immediate future. Not to […]

Employer rules for temporary foreign workers in Canada

by Stéphane Aublet A work permit is generally issued based on a specific job offer made by a particular Canadian employer (or an employer doing business in Canada). As such, the employer commits itself to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the […]

Quebec City shootings: What can we learn from this tragedy?

By Brian Smeenk Six innocent men were shot in the back while praying in a Quebec City mosque on January 29. The apparently racially motivated act of violence makes us all pause to reflect. How could this happen? In a peaceful city like that? In a peaceful country like Canada? What is happening in our […]

Safety incidents: the right to remain silent versus the obligation to speak

by Deanah Shelly What if this happens at your Canadian facility: One of your employees witnesses a workplace incident. Soon, enforcement officers are on-site investigating the incident. They may be police officers, health and safety inspectors, or environmental officers. One of the investigating officers asks the employee to assist and provide a witness statement. What […]

Taking the high road: Marijuana at work could trigger obligations to question

by Cory Sully While access to medical marijuana has increased in Canada over the last few years, the consumption of medical marijuana has arguably become less taboo with the new Trudeau government’s pledge to eventually legalize and regulate this substance. In the summer of 2016, the government made the Access to Cannabis for Medical Purposes […]

Alberta Court of Appeal helps employers ring in the New Year in Style(s)

by Kyla Stott-Jess The Alberta Court of Appeal has released its first decision of 2017—Styles v. Alberta Investment Management Corporation, 2017 ABCA 1—and it is undoubtedly welcome news (and a nice gift) to employers. The issue of whether or not a dismissed employee is entitled to bonus compensation during the period of reasonable notice has […]

Duty to disclose medical condition in pre-employment questionnaire

by Simon Laberge This article discusses questioning employees about essential functions when hiring in Canada. Trust is a fundamental element in the relationship between an employer and an employee. That relationship of trust can be breached in various ways during the course of employment including during the hiring process when an employer questions candidates to […]

9 steps employers can take to address mental illness at work

By Eowynne Noble Seasonal Affective Disorder (SAD), a common type of depression, often arises when the daylight hours get shorter, according to the Centre for Addiction and Mental Health, a leading Canadian hospital. With the winter months upon us, many of us will experience the winter blues, but for some the blues may be a […]