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 Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]
by Brian Smeenk Just as Americans are considering how much change will occur in the context of the current election season, lots of change is happening north of the 49th parallel in the labor and employment field. Not the least of which, from the perspective of this publication, is a change in law firm affiliation. […]
by Karen Sargeant former of McCarthy Tetrault We have all heard the statistics (and it’s no surprise!) — driving while talking on a cell phone increases the likelihood of a car accident even if you use a “hands-free” set. At the same time, your employees have cell phones, iPhones, BlackBerries(R) and other personal data assistants […]
by Rachel Ravary McCarthy Tetrault Last week’s decision in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec 2008 SCC 43 is good news for employers – finally there is a clear limit to your duty to accommodate employees who are chronically absent from work. Not only did the Supreme Court […]
By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Earlier this year, we reported on the decision of the Alberta Court of Appeal in Chiasson v. Kellogg Brown & Root (see the January 22, 2008, blog entry titled Ruling helps Alberta employers defend preemployment testing challenges), which upheld an employer’s right to perform mandatory preemployment alcohol […]
By Tina Giesbrecht and Lana Jackson McCarthy Tetrault Employers often ask whether they should give employment references to employees and former employees. This decision can be a difficult one with possible negative consequences for either course of action. Whatever decision is made, it’s important to consistently apply one policy regarding reference letters. Q. What are […]
By Kate McNeill, Kelly McDermott, and Donovan Plomp McCarthy Tetrault On Friday, June 27, 2008, the Supreme Court of Canada (SCC) released its decision in Honda Canada Inc. v. Keays, reversing the largest award of punitive damages in a wrongful dismissal action in Canadian history. The decision is very favorable for employers. Background Kevin Keays […]
by Barbara A. McIsaac, Helen Gray, and Daniel Pugen McCarthy Tetrault An employee’s expectation of privacy in the workplace is a big issue these days, especially with respect to the use of company computers. Employers are often faced with questions like these: Is an employee entitled to privacy over e-mail and other data created and […]
By Simon-Pierre Hebert and Rachel Ravary McCarthy Tetrault If you have employees in Quebec, then you are likely familiar with the prohibition against “psychological harassment” that was added to the Act Respecting Labour Standards in 2004. Managers initially reacted to the new provisions with a lot of apprehension, fearing that a disgruntled employee could turn […]
McCarthy Tetrault If you have ever thought it wouldn’t be worth the cost to investigate an employee’s criminal misconduct, the recent decision in Canada Safeway Limited v. Brown, [2007] B.C.J. No. 2400 (S.C.) might make you reconsider. Not only was the employee ordered to pay back the money she stole, the judge tacked on six […]