Practical HR Tips, News & Advice. Updated Daily.
by Kyla Stott-Jess Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence?
By Olivier Lamoureux In Séguin v. Dessau Inc., a tribunal, the Commission des relations du travail (CRT), upheld the dismissal of an employee who had behaved in a vexatious manner toward a subordinate he was enamored with. The dismissed employee had refused to collaborate in the employer’s investigation into an incident of psychological harassment.
by Andrew Bratt and Megan Rolland Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context […]
by John D.R. Craig, Christopher D. Pigott, and Brandon Wiebe In the January 2015 decision of the Supreme Court of Canada in Saskatchewan Federation of Labour (SFL), the Court found, for the first time, that Canadian workers have a constitutional “right to strike.” In reaching this conclusion, the Supreme Court overturned almost 30 years of […]
By Alexandra Meunier and Yves Turgeon In the financial services industry, the status of insurance and financial product sales reps is often in question. Are they employees or independent contractors? No matter what part of Canada you’re in, it is important to get it right.
by Bonny Mak Waterfall There’s good news for Canadian employers in the federal sector—those engaged in federal works and undertakings such as airlines, airports, railways, banking, interprovincial transportation, and telecommunications. For many years, employers in Canada’s federal sector understood that they did not have the right to dismiss employees without cause unless such termination was […]
by Isabelle Dongier As of January 1, 2015, Citizenship and Immigration Canada (CIC) implemented its new electronic Express Entry (EE) system, which must now be used by potential applicants for permanent residence under certain economic immigration programs. These programs include the Canada Experience Class (CEC), the Federal Skilled Worker (FSW) Program, the Federal Skilled Trades […]
by Louise Béchamp In an interesting case, the Superior Court of Quebec in Syndicat des agents de la paix en services correctionnels du Québec v. Pineau confirmed on judicial review an earlier arbitration decision denying an employee short-term disability benefits for the recovery period following cosmetic surgery.
by Lindsey Taylor The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship.
by Megan Rolland It may be convenient and easy to use, but you cannot find the answer to everything on the Internet. As one Canadian employer recently learned, Google research on a medical condition is not a proper substitute for individualized accommodation.