Tag: Canada

Healthcare workers’ longer hours don’t necessarily increase health, safety risks

by Rosalind H. Cooper Most employers know that there are restrictions under employment standards legislation regarding maximum hours of work for their employees. In certain circumstances, it is possible to exceed these daily or weekly maximums. However, care must be exercised when doing so in order to avoid a breach of the employer’s duties under […]

Study: Millennial Priorities Are Salary, Flexibility and Perks

Contrary to popular belief, Millennials are as motivated by salary as their older coworkers, according to the Staples Advantage Workplace Index, a recent study of office workers in the United States and Canada, conducted by the business-to-business division of Staples, Inc. Almost one third of Millennials (29%) report that higher salary is the biggest contributor […]

Sale of business to smaller company doesn’t equal termination

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 […]

More human rights ‘frustrations’

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 […]

Sleep much? Board finds that dozing off on the job is not willful misconduct

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, […]

Quebec court upholds cause termination of employee for a single incident of theft

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 […]

It’s not you, it’s the economy: making difficult employment decisions during a downturn

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 […]

Workers’ comp changes for post-traumatic stress disorder claims

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.

‘You’re fired’—for watching TV too much

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?