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 Kate McNeill McCarthy Tetrault Across Canada, employment standards laws provide for job-protected maternity leave for pregnant employees and parental leave for parents generally. In addition, the federal government provides financial benefits during these leaves through its Employment Insurance Act (EIA). The Supreme Court of Canada recently declined to review an appeal of a decision […]
by Kate McNeill of McCarthy Tetrault and Brian P. Smeenk formerly with McCarthy Tetrault Canada’s federal parliament has passed a law to protect workers when their employers become insolvent A key component of Bill C-12, passed December 14, 2007, is the creation of the Wage Earner Protection Program (WEPP). The WEPP provides statutory wage protection […]
by Brian Smeenk, formerly with McCarthy Tetrault A new statutory holiday, Family Day, has been declared in the province of Ontario. It will be celebrated on February 18. In subsequent years, it will fall on the third Monday of each February. Employers should begin considering how their organization will respond. In particular, employers should begin […]
By Donovan Plomp McCarthy Tetrault In Canada, employees are entitled to certain government-provided benefits under the federal Employment Insurance Act, including “compassionate care benefits.” The introduction of these benefits in January 2004 prompted almost all provinces and territories to introduce job-protected compassionate care leave in their respective minimum employment standards laws. Employers in Canada must […]
by Daniel Pugen McCarthy Tetrault Ontario’s new Regulatory Modernization Act, 2007 may sound like a bland piece of regulatory updating, but it actually contains significant changes to regulatory enforcement processes, including those in the employment field. Passed by the Ontario legislature on May 17, 2007, and going into effect on January 17, 2008, this law […]
by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]
By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]
By Trevor Lawson and Donovan Plomp McCarthy Tetrault Although large employment-related class-action lawsuits have become commonplace in the United States, until recently they were virtually unknown in Canada. The relative peace enjoyed by Canadian employers on this front was shattered with a $651 million class-action lawsuit filed in June 2007 against the Canadian Imperial Bank […]
by Daniel Pugen McCarthy Tetrault Biometric hand scanners vs. religious beliefs: What does the law say? In Canada, employers must accommodate their employees’ religious beliefs to the point of “undue hardship” for the employer. But what if you don’t consider an employee’s religious beliefs “mainstream”? That doesn’t matter, according to a recent decision by an […]
by Daniel Pugen McCarthy Tetrault Following its recent re-election in October, the Ontario provincial government led by Liberal Premier Dalton McGuinty established a new public holiday called “Family Day.” The holiday falls on the third Monday in February each year. Ontario joins the provinces of Alberta and Saskatchewan in creating a public holiday in February. […]