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 Olivier Lamoureux A Québec court recently ruled that there was no constructive dismissal arising from the sale of a business to a smaller third-party purchaser for whom a manager refused to work. The Quebec Court of Appeal in the Boulad case (2108805 Ontario inc. c. Boulad, 2016 QCCA 75) overturned a lower court decision […]
by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]
by Avneet Jaswal Can an employer terminate an employee for sleeping on the job on multiple occasions? The Ontario Labour Relations Board concluded that such behavior may give rise to just cause for dismissal. Can sleeping on the job amount to “willful misconduct” eliminating the employer’s obligation to pay statutory notice and severance amounts? Well, […]
by Marie-Ève Gagnon Theft of merchandise by employees continues to be a recurring and costly problem for Canadian employers. The courts, however, do acknowledge the seriousness of the issue. Dismissal is often found to be an appropriate disciplinary response regardless of the value of the items stolen or whether the theft is repeated—unless mitigating factors […]
by Kyla Stott-Jess and Claire Himsl In the face of an economic downturn, some employers across Canada are being forced to tighten their belts and make hard choices about workforce downsizing. However, what may initially begin as a cost-cutting exercise can quickly turn into a legal quagmire if the process is not executed properly and […]
by Brandon Wiebe A second Canadian province, Manitoba, recently amended its Workers Compensation Act to create a rebuttable presumption that claims for post-traumatic stress disorder (PTSD) are work-related. But Manitoba’s law is novel in that it applies to all workers, regardless of occupation.
by Sophie Arseneault Canadian employment law does not recognize “at will” employment. An employer requires “just cause” to terminate someone without severance pay. Can you have a just cause termination for a 26-year employee with a previously clean employment record?
by Gilda Villaran As of March 15, many travelers were supposed to obtain an Electronic Travel Authorization (eTA) before flying to Canada. However, according to a communication issued by Immigration Canada on March 3, while travelers are still expected to apply for an eTA (where one is required), the obligation to actually produce the eTA […]
by Mohamed Badreddine Last chance agreements—what are they? How do they work? As we have indicated before, an employer and employee agree that the employee may remain employed provided that he or she complies with specific conditions. If the employee later breaches the conditions, he or she is immediately dismissed.
by Stefan Kimpton Most Canadian employers know about their obligations to provide notice or payment instead of notice to employees when terminating their employment without cause. But what about employees? Do they also have to provide their employers with reasonable notice of their intention to quit their job? What happens if a key employee leaves […]