Practical HR Tips, News & Advice. Updated Daily.
by Mohamed Badreddine There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least […]
It may seem like a joke, but believe it or not Apple® hired a man named Sam Sung. It’s no secret that Apple and Samsung (the company) are bitter enemies; they’ve been fighting over copyrighted designs for the last 3 years. But ironically, Sam Sung is the one getting the last laugh.
By Clayton Jones When confronted with information that an employee may be abusing paid sick leave, it is only natural for an employer to want to investigate further. One way in which employers may do this is through the surreptitious surveillance of the employee. However, such surveillance is of limited value unless the employer will […]
by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.
by Marc Ouellet The issue of overtime has become a major concern for employers in the wake of class actions on the subject in Canada. The Québec Act Respecting Labour Standards (ALS) provides exemptions from the right to overtime including for employees in managerial positions. In Skiba v. Playground, L.P., the Court of Appeal of […]
by Hannah Roskey In a recent decision, a Canadian appellate-level court confirmed that employee misconduct discovered after a without-cause termination may be relied upon by an employer in support of a later argument of just cause for termination.
By Isabelle Dongier As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past 18 months. Amendments to the Immigration and Refugee Protection Regulations were introduced in December 2013 to make it tougher and more costly for Canadian employers to hire foreign workers.
By Chuck Harrison In a recent Canadian case, the British Columbia Labour Relations Board addressed whether privacy rights entitle an employee disciplined for serious misconduct to remain anonymous in an arbitration award.
By Fréderic Parisien A Canadian employee may claim that his or her employment is constructively dismissed when his or her employer makes a unilateral change to a fundamental term or condition of employment without appropriate notice. What about a change in the employer with no other change? Surely that can’t be a constructive dismissal. Apparently […]
By Stephanie Gutierrez In a recent decision on family-status discrimination, the Federal Court of Appeal confirmed that employers in Canada are required to accommodate employees’ childcare obligations but not their voluntary parental choices, such as extracurricular or recreational activities.