Health and safety laws broadened to cover unpaid positions
by Carla Oliver Ontario recently broadened the definition of “worker” under its Occupational Health and Safety Act (OHSA). The broadened definition is consistent with a trend across Canada.
Tag: Canada
Dangerous driving: employer liable for unauthorized use of company vehicle
by Hannah Roskey It is well understood that Canadian employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of their duties. But surely not if the employee acts against the instructions of the employer? Maybe so, according to a recent panel of the Alberta Court […]
Commissions during the notice period: contractual language rules
By Thora A. Sigurdson In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice […]
Staggering cost of ‘no cause’ finding: Employer pays employee LTD benefits to age 65
By Katherine Pollock The Ontario Superior Court decision in Fernandes v. Peel Educational, 2014 ONSC 6506, reminds employers in Canada of how badly matters can go awry when a decision on the merits of a cause case is taken out of the hands of the parties and left in the hands of a third party […]
Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms
by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]
Compliance framework is proposed for Canada’s Temporary Foreign Worker Program
by Thora Sigurdson In June 2014, the Canadian government introduced changes to the country’s Temporary Foreign Worker Program (TFWP). These changes were intended to make it more difficult and expensive for Canadian employers to hire temporary foreign workers (TFWs), thereby encouraging employers to search within Canadian borders to staff their workforce. While the changes to […]
A face for radio? Employment law lessons from the Jian Ghomeshi scandal
By Kyla Stott-Jess Over the last month, the Canadian news media has devoted significant time to covering the Jian Ghomeshi scandal. Aside from the celebrity gossip factor, the story has had such staying power because it touches on so many controversial issues—BDSM (Bondage & Discipline / Domination & Submission / Sadism & Masochism), sexual consent, […]
Purchaser of bankrupt Quebec business found liable to executive it didn’t hire
By Marie-Gabrielle Bélanger The purchaser of all the assets of a bankrupt business will be bound by the employment contracts of the bankrupt company and must therefore honor these contracts. So ruled the Court of Appeal of Quebec in a recent decision, Aéro-Photo (1961) Inc. c. Raymond (available in French only).
Retaliation against unreasonable discrimination complaint can cost you
By Kevin O’Neill, Q.C. How the British Columbia Human Rights Tribunal recently handled a retaliation complaint—where the employee was found to be not credible and unreasonable—should give employers pause.
Termination clause as a ticking time bomb: Are courts in Ontario changing approach?
by Marc Rodrigue To the chagrin of many employers in Canada, the courts have made the drafting and enforcement of termination provisions in an employment contract challenging. In recent years, case law in Ontario has been particularly harsh in striking down termination provisions that may be contrary to the statutory provisions of the Ontario Employment […]