Tag: Canada

New penalties in Canada’s temporary foreign worker regime

by Isabelle Dongier Last year, Canada’s federal government introduced changes to the Temporary Foreign Worker Program (TFWP). The changes were intended to encourage employers to put more effort into hiring Canadian workers by making it more difficult and expensive for them to hire temporary foreign workers. The changes have done just that. Adding to that […]

Project manager convicted of criminal negligence

by Norm Keith and Shane D. Todd As another reminder of the importance of health and safety in all workplaces all across Canada, we report on the continuing legal saga involving the December 2009 fatalities at Metron Construction. On June 26, 2015, Vadim Kazenelson, the project manager overseeing a construction project for Metron, was found […]

Employers required to give employees time off to vote

By Stefan Kimpton It’s almost election day in Canada. On October 19, Canadians will head to the polls to elect the new federal government. Employers with employees in Canada should be aware of their obligations on election day.

Sharing the pain: Do economic conditions count?

by Clayton Jones Does a poor economy mean a shorter reasonable notice period? Canadian employers often ask this question—particularly in cyclical industries. When assessing reasonable notice, courts will consider the employee’s position and responsibilities, length of service, age, and the availability of similar employment. Not only has it been unusual for courts to consider negative […]

Quebec arbitrator reverses termination of probationary employee—not sufficiently unsatisfactory!

by Marc Ouellet Do employers in Canada have absolute discretion when it comes to probationary employees’ performance evaluations and whether or not to maintain employment after the probationary period? In Union des employées et employées de service, section locale 800 v. Limocar Estrie Inc. (available only in French), where the business in question was unionized, […]

Ontario government proceeding with review of its labor and employment laws

by Marc Rodrigue In February, the province of Ontario appointed the Honorable John C. Murray, a former judge of the Ontario Superior Court of Justice and management-side labor lawyer, and C. Michael Mitchell, a former union-side labor lawyer, as special advisers tasked with reviewing both the Ontario Employment Standards Act, 2000 (ESA) and the Ontario […]

Zero tolerance for stalking on company time

by Chuck Harrison A single incident of misconduct can still justify the termination of a unionized employee’s employment. So ruled a labor arbitrator in British Columbia recently. In Fortis Energy Inc., (February 16, 2015) the employee had engaged in an incident of stalking and intimidation of his wife’s supervisor. Compounding his offense, he did this […]

In ‘denial’: Alberta Court of Appeal revisits addiction in the workplace

by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]