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 Mikaël Maher Surveillance may be an effective way for an employer to confirm or dispel their doubts about the legitimacy of a disability claim. But when is it legally permissible in Canada? In the recent decision Centre de santé et de services sociaux de la Vallée de la Gatineau v. Martin [1], the Quebec […]
by Shane Todd In an attempt to their limit severance exposure, employers often require that an employee be “actively employed” on the bonus payment date in order to be eligible to earn a bonus. The idea being that the severance payable to a dismissed employee would not have to take into account an employee’s bonus […]
by Nicole Singh Canadian tribunals have consistently ruled that communications by employees on social media can be viewed as an extension of the workplace. Improper communication on such platforms can therefore be considered a form of workplace discrimination under Canadian human rights laws. Discipline or termination can sometimes be appropriate. However, in the decision Taylor-Baptiste […]
by Stéphane Fillion and Romeo Aguilar Perez It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer. But what if a dispute […]
by Chuck Harrison A recent labor arbitration decision in Canada provides a guide for employers to “get it right” when balancing occupational safety and health obligations against employee privacy rights.
by Gilda Villaran In 2015, a number of changes were announced to the procedures at Canadian ports of entry. Unfortunately, there continues to be a lack of awareness about these changes on the part of many U.S. companies that occasionally assign employees to work in Canada. As a result, some companies have been caught off […]
by Lorene Novakowski The British Columbia Human Rights Tribunal had no jurisdiction to hear a complaint where the alleged harasser was employed by a different employer than the alleged victim. The alleged harasser was not in a position of control over the complainant even though they worked at the same site. So the complaint was […]
by Megan Rolland In Canada, a recent Ontario arbitration decision serves as a cautionary tale for employers who use social media to interact with customers and clients.
by Deanah Shelly You’ve watched True Detective and Law & Order. You’ve seen search warrants in action. The police need them to gather evidence involving murder, illegal drugs, and firearms. But beware! Search warrants can also be served on your workplace.
by Christopher Pigott A sharply divided Supreme Court of Canada recently overruled the Federal Court of Appeal and held that, subject to narrow exceptions, federal employers are not entitled to terminate nonunionized employees without cause (Wilson v. AECL). This prohibition applies even if the employer is willing to provide generous notice and severance pay.