Category: Northern Exposure

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

Must-Know Facts about Employment Contracts in Canada

McCarthy Tetrault Q. When does an employer have an employment contract with its employees? A. Every employer in Canada has an employment contract, whether written or unwritten, with each of its nonunion employees. Sometimes, only some of the terms are in writing. When necessary, courts will imply reasonable terms in the absence of any express […]

Don’t Let ‘Enhanced’ Severance Be a Surprise During Terminations

McCarthy Tetrault Since the concept of at-will employment isn’t recognized in Canada, U.S. employers need to understand how terminations are handled in their operations north of the border. Are you confident that your termination decisions are in line with Canadian law? And what about the “enhanced” severance known as “Wallace damages”? Are you clear on […]

Six Essential Tips for Running Background Checks in Canada

by Karen Sargeant former of McCarthy Tetrault You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re […]

When Can You Terminate a Disabled Unionized Employee in Canada?

McCarthy Tetrault Canadian discrimination laws, like those in the United States, generally require employers to make accommodations for employees with disabilities. By law, employers must accommodate to the point of “undue hardship,” but undue hardship is difficult to define and is assessed on a case-by-case basis. What happens when employee rights come up against your […]

Blogs and Why You Should Care

McCarthy Tetrault A “blog,” short for web log, is akin to an online diary or an electronic discussion board that often includes a mix of commentary and opinions from visitors to the website. More and more employers are dealing with employees who may be blogging about their work. Here are some questions you should consider. […]

Handling Work Refusals

McCarthy Tetrault Your employees in Canada have the right to refuse tasks that may endanger them or others. Health and safety laws spell out not only your obligations but also what your employees must do when refusing work, so it’s important for you to understand how to handle such situations. Here are some tips to […]

Party Time

McCarthy Tetrault Q. When a company holds a social outing for employees and alcohol is served, what are the legal risks? How can potential liability be minimized? A. Parties and other social events provide employers with an opportunity to reward employees and let them interact with coworkers outside of the office. Unfortunately, they also create […]

Collective Bargaining – Now It’s Constitutionally Protected

by Donovan Plomp McCarthy Tetrault In a landmark decision, the Supreme Court of Canada has decided collective bargaining is a right protected in the national constitution. The court’s extension of “freedom of association” under the Charter of Rights and Freedoms to include a right to collective bargaining is a reversal of previous Supreme Court decisions.

Canada’s Top Court Signals Tougher Days Ahead on Accessibility

by Tara McPhail McCarthy Tetrault Canadian human rights laws require employers to accommodate employees and customers with disabilities up to a point. What point? The point at which the accommodation would constitute “undue hardship” on the employer. But what makes an undue hardship? A recent Supreme Court of Canada decision appears to set a high […]

Welcome to Northern Exposure

Welcome to the introductory issue of Northern Exposure. This new e-zine and blog highlights important developments in Canadian labor and employment law and will be of special interest to companies with operations in Canada. In addition to news articles, the blog and e-zine will include practical Employer’s Tips and Q&As to help you better understand […]